1-Claim of Business Confidentiality Updated.pdf.pdf

This is a Business Confidentiality Claim form issued by the Utah State Archives Office of the Government Records Ombudsman in connection with a Request for Statements of Qualifications (RFSQ) from the State of Utah Division of Purchasing for a Wasatch Highlands Preliminary Municipality Feasibility Consultant. The form serves as the mechanism for vendors to protect proprietary information submitted as part of their qualifications response under Utah Code 63G-2-305 and 63G-2-309. Vendors may claim confidentiality protection for trade secrets or commercial financial information that could reasonably result in unfair competitive injury if disclosed. The form requires claimants to provide company information, identify the specific records requiring protection by page and paragraph, and submit a concise written statement explaining the basis for each confidentiality claim. Critically, vendors must submit both redacted and non-redacted versions of their complete proposal, as the Division of Purchasing will not perform redactions on behalf of claimants who fail to provide a redacted copy.

The confidentiality claim does not guarantee protected classification if the government receives a subsequent public records request under the Government Records Access and Management Act (GRAMA). Vendors responding to the Wasatch Highlands Preliminary Municipality Feasibility Consultant procurement are instructed not to include pricing information in their qualifications submission, as the contract award will be based on highest ranking with compensation to be negotiated separately at fair and reasonable rates. The contract falls under Utah Procurement Code 63G-6a Part 15 for Design Professional Service Providers and Consultants, with a small purchase threshold of $100,000. If negotiations cannot be concluded with the highest-ranked vendor, the state reserves the right to proceed with negotiations with the next highest-ranked vendor.