1-Claim of Business Confidentiality Updated.pdf.pdf
PDF 223 KB Posted
- Solicitation number
- AS27-3
- Issued by
- Utah
About this file
This is a Business Confidentiality Claim Form issued by the Utah State Archives Office of the Government Records Ombudsman in conjunction with the State of Utah's Request for Information (RFI) regarding future participation in Utah's Nuclear Lifecycle Innovation Campus (AS27-3). The form serves as a template for vendors and potential contractors to submit claims protecting trade secrets and commercial financial information from public disclosure under the Government Records Access and Management (GRAMA) Act. Claimants must provide detailed information including company name, address, representative contact details, and a concise written statement explaining the basis for confidentiality. Importantly, claimants are required to submit both redacted and non-redacted versions of their proposals, with the understanding that the entire proposal cannot be redacted. The form references Utah Code sections 63G-2-305 and 63G-2-309, which establish the legal framework for protecting trade secrets and competitive financial information from disclosure when such disclosure could reasonably result in unfair competitive injury to the submitting party.
The confidentiality claim process does not guarantee protection of submitted information if the state subsequently receives a public records request, as the final determination of protected status rests with the governmental entity. Claimants must identify specific pages and paragraphs requiring protection and provide corresponding reasons for each confidentiality request. The Division of Purchasing will not redact proposals on behalf of claimants who fail to submit a redacted version independently. This procedural requirement ensures that vendors proactively identify sensitive information while allowing public access to non-confidential portions of submissions, balancing transparency obligations with legitimate business privacy interests related to the RFI process.
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Other files
| File | Type | Posted |
|---|---|---|
| 2-Nuclear Lifecycle Innovation Campus RFI.docx | DOCX document |
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Text version
Office of the Government Records Ombudsman Utah State Archives
Business Request for GRAMA Business Confidentiality Claim
Note: Utah Code § 63G-2-305(1) states that trade secrets can be protected if the person submitting the trade secret provides the governmental entity with a confidentiality claim. Likewise, Utah Code § 63G-2-305(2) states that commercial financial information can be protected if disclosure could reasonably be expected to result in unfair competitive injury to the person submitting the information, and that person has provided a confidentiality claim. Confidentiality claims are described in Utah Code § 63G-2-309. A claim must include a concise statement of reasons supporting the claim and must be submitted with the information requested to be protected. A claimant MUST submit a redacted and non-redacted version of their proposal. The entire proposal may NOT be redacted. The Division of Purchasing will not redact a proposal on behalf of a claimant if they fail to upload a redacted copy of their proposal.
State: ZIP code:
Email address:
Date:
Following is a concise statement of reasons supporting this confidentiality claim:
Signed:________________________________________
GRAMA Business confidentiality claim
Date:______________________________
Claimant information:
Company name:
Address:
City:
Name of company representative:
Telephone number:
Details about confidentiality claim:
This claim applies to records submitted to: Reason for submission:
Note: Making a confidentiality claim does not guarantee protected classification if government receives a records request.
Confidentiality request applies to:
page paragraph reason http://archives.utah.gov/opengovernment/ombudsman.html http://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S204.html https://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S305.html?v=C63G-2-S305_2020051220200512 https://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S309.html?v=C63G-2-S309_2019051420190514
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