1-04. Submittal Form- Business Confidentiality- Yes No.doc

DOC document 43 KB Posted

Attached to
UDOT IFB- Battery Powered Tote Mixers
Solicitation number
UDOT260267MP
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form submitted by a vendor in response to the Utah Department of Transportation (UDOT) Invitation for Bid (IFB) for Battery Powered Tote Mixers. The form allows bidders to assert claims of business confidentiality for specific information submitted with their proposals, in accordance with Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309. The solicitation seeks six battery-powered paint tote mixers according to specified requirements, with potential award to a single provider. Bidders may designate certain information as confidential, including non-public financial statements, specific employee contact information, and customer or client lists, provided they document the specific pages, paragraphs, and reasons for the claim. Notably, pricing and cost proposals cannot be classified as confidential and will be considered public information, and entire proposals cannot be marked as protected or proprietary.

The form requires vendors claiming business confidentiality to demonstrate that the protected information constitutes trade secrets as defined under Utah Code Annotated Section 13-24-2 or commercial information that could result in unfair competitive injury if disclosed. Claimants must establish that they have a greater interest in prohibiting access than the public has in obtaining access. Upon submission, the governmental entity will notify vendors if any claimed protected records are classified as public or if the entity determines the records should be released after weighing the applicable interests under Utah Code Annotated Sections 63G-2-201(5)(b) or 63G-2-401(6). This form was revised on June 4, 2015, and serves as the official mechanism for vendors to protect sensitive business information while complying with Utah's public records requirements.

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Text version

CLAIM OF BUSINESS CONFIDENTIALITY

FORMCHECKBOX

None. I am not claiming Business Confidentiality

FORMCHECKBOX

Yes, I am claiming Business Confidentiality and must supply the following:

Pursuant to Utah Code Annotated, Subsections 63G-2-305(1) and (2), and in accordance with Section 63G-2-309, (company name) asserts a claim of business confidentiality to protect the following information submitted as part of this solicitation. Pricing/Cost Proposals may not be classified as confidential or protected and will be considered public information. An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”.

FORMCHECKBOX

Non-public financial statements

FORMCHECKBOX

Specific employee name and contact information

Specific customer information, client lists, or subscription lists

Other (specify):

This claim is asserted because this information requires protection as it includes:

trade secrets as defined in Utah Code Annotated Section 13-24-2 ("Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy).

commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; [and] (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access.

This statement of reasons supporting the claim of business confidentiality applies to the following information in this proposal:

Page
Paragraph
Reason

Please use additional sheets if needed.

You will be notified if a record claimed to be protected herein under Utah Code Annotated § 63G-2-305(1) or (2) is classified public or if the governmental entity determines that the record should be released after weighing interests under Utah Code Annotated § 63G-2-201(5)(b) or Utah Code Annotated § 63G-2-401(6). See Utah Code Annotated § 63G-2-309.

Signed:

On behalf of (company):

Date:

(Revision 6/4/2015)

File details come from the government source that posted it. Updated .