Protecting Disclosure Of Trade Secrets Included In A Bid Responsive To A Government Request For Proposal

When confidential information or trade secrets are provided to a government agency in a bid for a public contract, they might wind up being disclosed to a competitor or others unless great care is taken by the bidder. Non-disclosure agreements are essential. Of course, all pages containing a trade secret should be designated as “confidential.” Examples of other protective measures that might be utilized include placing on each such page limitations on permissible access, and referring in all written and oral communications relating to any of those pages that they contain proprietary data. If there are mock-ups or models embodying a trade secret, a non-disclosure agreement should be obtained from anyone permitted to see them. When, of necessity, a trade secret needs to be disclosed in court papers, an attempt should be made to submit them under seal.

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