1-Claim of Business Confidentiality Updated.pdf.pdf
PDF 223 KB Posted
- Solicitation number
- JM27-116
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality document submitted by the incumbent contractor in support of a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process by the Utah Division of Purchasing for the Department of Health and Human Services. The procurement involves a funds increase to existing contract #226354 for the supply of substrates and internal standards used in newborn screening for MPS-I (Mucopolysaccharidosis Type I) and Pompe Disease. The document supports the justification for a non-competitive procurement award, asserting that there is only one source capable of providing these specialized screening materials. The contract represents a continuation and expansion of services already being provided under the existing agreement, with the additional funds allocated through amendment JM27-116.
The claim of business confidentiality indicates that the incumbent supplier possesses proprietary formulations, manufacturing processes, and specialized knowledge that are essential to maintaining the continuity and quality of the newborn screening program. The document emphasizes that transitioning to an alternative vendor would result in significant costs and delays to the state's critical public health screening services. By claiming business confidentiality and sole-source justification, the procurement unit seeks to avoid the standard competitive bidding process while maintaining the specialized capabilities required for these life-saving diagnostic tests. This non-competitive approach is permitted under Utah Procurement Code provisions when circumstances make standard procurement processes impractical or not in the best interest of the procurement unit.
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Other files
| File | Type | Posted |
|---|---|---|
| 2-Part 8 Notice.pdf.pdf | ||
| 3-JM27-116 Part-8-Form Enfanos contract-226354 for-U3P-posting.pdf | ||
| 4-SOW-overview.doc | DOC 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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