Nevada Revised Statutes 332.061 – Limitation on disclosure of proprietary information and of solicitation containing provision requiring negotiation or evaluation
1. Except as otherwise provided in this subsection and NRS 239.0115, proprietary information does not constitute public information and is confidential. A person shall not disclose proprietary information unless:
Terms Used In Nevada Revised Statutes 332.061
- Contract: A legal written agreement that becomes binding when signed.
- Evaluator: means an authorized representative, officer, employee, representative, agent, consultant or member of a governing body who has participated in:
(a) The evaluation of responses;
(b) Negotiations concerning purchasing by a local government; or
(c) The review or approval of the award, modification or extension of a contract. See Nevada Revised Statutes 332.025
- Governing body: means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested. See Nevada Revised Statutes 332.025
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Proprietary information: means :
(a) Any trade secret or confidential business information that is contained in a response submitted to a governing body or its authorized representative on a particular contract; or
(b) Any other trade secret or confidential business information submitted to a governing body or its authorized representative by a responding offeror and designated as proprietary by the governing body or its authorized representative. See Nevada Revised Statutes 332.025
- Solicitation: means a written statement which sets forth the requirements and specifications of a contract to be awarded by:
(a) An invitation to bid;
(b) A request for proposals;
(c) A request for a statement of qualifications;
(d) A request for a quotation; or
(e) Any other accepted method of purchasing that complies with the provisions of this chapter. See Nevada Revised Statutes 332.025
(a) The disclosure is made for the purpose of a civil, administrative or criminal investigation or proceeding; and
(b) The person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.
2. A solicitation which contains a provision that requires negotiation or evaluation by the governing body or an evaluator may not be disclosed until the response is recommended for the award of a contract.