Public Records and Requests for Confidential Treatment
The Iowa DOT may treat all information submitted by a Responder as public
information following the conclusion of the selection process unless the Responder
properly requests that information be treated as confidential at the time of
submitting the Response. The Iowa DOT release of information is governed by
Iowa Code chapter 22. Responders are encouraged to familiarize themselves with
Chapter 22 before submitting a Response. The Iowa DOT will copy and produce
public records as required to comply with the public records laws.
Any request for confidential treatment of specific information must be included in
the transmittal letter with the Responder’s Response. In addition, the contractor
must enumerate the specific grounds in Iowa Code Chapter 22 or other applicable
law which support treatment of the material as confidential and explain why
disclosure is not in the best interest of the public. Pricing information cannot be
considered confidential information. The request for confidential treatment of
information must also include the name, address, and telephone number of the
person authorized by the Responder to respond to any inquiries by the Iowa DOT
concerning the confidential status of the materials.
Any Response submitted which contains confidential information must be
conspicuously marked on the outside as containing confidential information, and
each page upon which confidential information appears must be conspicuously
marked as containing confidential information. Failure to properly identify specific
confidential information must relieve the Iowa DOT or State personnel from any
responsibility if confidential information is viewed by the public, or a competitor, or
is in any way accidentally released. Identification of the entire Response as
confidential may be deemed non-responsive and disqualify the Responder.
If the Responder designates any portion of the RFP as confidential, the
Responder must submit one copy from which the confidential information
has been excised. The confidential material must be excised in such a way as to
allow the public to determine the general nature of the material removed and to
retain as much of the Response as possible.
The Iowa DOT will treat the information marked confidential as confidential
information to the extent such information is determined confidential under Iowa
Code Chapter 22 or other applicable law by a court of competent jurisdiction. In
the event the Iowa DOT receives a request for information marked confidential,
written notice must be given to the Responder seven calendar days prior to the
release of the information to allow the contractor to seek injunctive relief pursuant
to Section 22.8 of the Iowa Code. The Iowa DOT will release the information
marked confidential in response to a request for public record records unless a
court of competent jurisdiction determines the information is confidential under
Iowa Code Chapter 22 or other applicable law.
Responses containing proprietary information must have the specific information
considered proprietary clearly marked. All information included in the Response
not indicated as proprietary will be open for inspection. All Responses become
property of the Iowa DOT.
Responders must indicate in the Transmittal Letter if the original technical
response is considered the public copy without redactions.
Any request for confidential treatment of information must be included in the RFP
response in accordance with the provisions of herein. In addition to the specific
statutory basis supporting the request, an explanation why disclosure of the
information is not in the best interest of the public is required. The request must
also contain the name, address, electronic mail address and telephone number of
the individual authorized to respond to the Iowa DOT about the confidential nature
of the information.