§ -I Confidentiality and public disclosure.

(a) A proposer may identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial, financial, or proprietary information. In order for confidential and proprietary information and trade secrets to be exempt from disclosure, the proposer shall do all of the following:

(1) Invoke such exclusion upon submission of the information or other materials for which protection is sought;

(2) Identify the data or other materials for which protection is sought with conspicuous labeling;

(3) State the reasons why protection is necessary; and

(4) Fully comply with any applicable provisions of state law with respect to information the proposer contends should be exempt from disclosure.

(b) Notwithstanding any other provision of law, in order to properly balance the need to maximize competition under the Act and create a transparent procurement process, proposals shall not be subject to release or disclosure by the public sponsor until the award of the public-private partnership contract and the conclusion of any protest or other challenge to such award, absent an administrative or judicial order requiring such release or disclosure.