MassDOT and SDO will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. This would include any information that was relied upon for the certification or renewal of a DBE firm. The SDO, however, is required to transmit this information to US DOT in any certification appeal proceeding under 26.89 or upon request to any other state in which a firm has applied or is currently certified under 26.85.

SDO’s contract with MassDOT will provide that to the extent permissible under relevant law SDO will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than USDOT) without the written consent of the submitter.

MassDOT and SDO will keep the identity of complainants confidential at their election.  If said confidentiality hinders the investigation, proceeding or hearing or result in a denial of appropriate administrative due process to other parties, the complainant will be advised for the purpose of waiving the privilege.