Confidentiality of Proposals — Proprietary Information

  1. Law
  2. Tennessee Code
  3. Highways, Bridges and Ferries
  4. Public-Private Transportation Act
  5. Confidentiality of Proposals — Proprietary Information

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  1. All solicited and unsolicited proposals received by the responsible public entity pursuant to § 54-6-106, and any documents used by the responsible public entity to evaluate and accept or reject the proposals, shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public under § 10-7-503 or other law until after the responsible public entity selects a proposal to enter into a public-private initiative; except, that, at all times under this chapter, proprietary information and all solicited and unsolicited proposals that are withdrawn by a private entity shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public pursuant to this subsection (a), § 10-7-503, or any other law.
    1. A private entity may request a review, prior to submission of a solicited or unsolicited proposal, by the responsible public entity of information that the private entity has identified as proprietary.
    2. A private entity may identify proprietary information submitted as part of a solicited or unsolicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as proprietary.
    3. The responsible public entity shall review any information identified as proprietary by a private entity as part of a solicited or unsolicited proposal and shall determine if such information is confidential under subsection (a).
    4. The responsible public entity shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as proprietary is confidential under subsection (a).
    5. The private entity shall have the opportunity to object to the determination that the information is subject to disclosure or to amend or withdraw its proposal.
    6. Any information determined by the responsible public entity to be proprietary shall be exempt from disclosure under § 10-7-503.


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