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Frequently Asked Questions - #43

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FAQ-43

If a bidder must provide details on its sales as a BGS Supplier and on its offers as a Registered Bidder in the BGS Auctions to comply with a governmental requirement or inquiry, would this be considered a violation of the certifications made under the Association and Confidential Information Rules?   


Once the auction has been concluded, if the Board approves the auction results, the Board may choose to release information regarding final auction prices and the names of the winners.  The Association and Confidential Information Rules state that, at that point, a BGS Supplier may itself release information regarding the number of tranches it has won and the territories that the winner will be serving.  Such details regarding your sales as a BGS Supplier may be released under the Association and Confidential Information Rules.

The offers that you presented as a Registered Bidder in the BGS Auctions are confidential information regarding the Auction Process.  A bidder undertakes not to disclose confidential information regarding the Auction Process from the time of submission of the Part 2 Application.  However, it would not be considered a violation of the certifications if you were to provide these in order to comply with a governmental requirement or inquiry as long as you designate the information as confidential and that you use your best efforts to seek to protect the information from release by the governmental authority and from being subject to release under any applicable open records statutes.  The Auction Manager would also appreciate, but does not require, notification that such information has been requested of you.



11/15/2021, in Association and Confidential Information Rules.

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