1-05. Submittal Form- Business Confidentiality- Yes No.doc

DOC document 43 KB Posted

Attached to
UDOT IFB- UDOT Region 4 Sand Blasting, Painting, Welding, and Fabrication- Price Area - IN LIEU OF
Solicitation number
UDOT270035MP-2
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form submitted in connection with the Utah Department of Transportation (UDOT) Region 4 Invitation for Bid (IFB) for Sand Blasting, Painting, Welding, and Fabrication services. 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. Bidders may designate certain categories of information as confidential, including non-public financial statements, specific employee names and contact information, customer or client lists, and other proprietary information, provided they submit the form with appropriate justification. The form explicitly prohibits bidders from classifying pricing or cost proposals as confidential or protected, as such information is considered public record, and entire proposals cannot be designated as protected or proprietary.

Bidders asserting confidentiality claims must demonstrate that the protected information qualifies as a trade secret under Utah law or constitutes commercial information that could result in unfair competitive injury if disclosed. The governmental entity will notify bidders if information claimed as protected is classified as public or if the entity determines the record should be released after weighing applicable interests under Utah Code Annotated 63G-2-201(5)(b) or 63G-2-401(6). Bidders must complete the form by identifying specific pages and paragraphs for which confidentiality is claimed and providing detailed reasons for each designation.

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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 .