1-6. Form- Business Confidentiality- check fields.doc

DOC document 43 KB Posted

Attached to
UDOT RFP- Utah Broadband BEAD Consultant - IN LIEU
Solicitation number
UDOT2600128MH-1
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form used by the Utah Department of Transportation (UDOT) for the Utah Broadband BEAD Consultant solicitation. The form allows contractors responding to the Request for Proposal to claim business confidentiality protections for sensitive information submitted with their proposals, provided they meet specific criteria under Utah Code Annotated Sections 63G-2-305 and 63G-2-309. Contractors may designate non-public financial statements, specific employee contact information, customer or client lists, or other information as confidential if they can demonstrate that disclosure would cause unfair competitive injury or impair the governmental entity's ability to obtain necessary information in the future. The form requires contractors to identify the specific pages and paragraphs containing protected information and provide detailed justification for the confidentiality claim.

Contractors must note that pricing and cost proposals cannot be classified as confidential and will be considered public information, and entire proposals cannot be marked as protected, confidential, or proprietary in their entirety. Claimed confidential information must constitute trade secrets as defined under Utah law, deriving independent economic value from not being generally known and subject to reasonable efforts to maintain secrecy. The form requires contractor signature, company name, and date of submission. Contractors will be notified if UDOT classifies any claimed protected record as public or determines that the record should be released after weighing the interests of both the contractor and the public under applicable Utah Code provisions.

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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 .