1-Claim of Business Confidentiality Updated.pdf.pdf

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Attached to
DPS DRE Software
Solicitation number
AK27-104
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 connection with a Division of Purchasing procurement for DPS DRE Software. The form serves as a template for vendors and contractors to submit confidentiality claims under the Government Records Access and Management Act (GRAMA) to protect trade secrets and commercial financial information from public disclosure. Claimants must submit both redacted and non-redacted versions of their proposals, with the entire proposal not permitted to be redacted. The form requires claimants to provide detailed company information, identify specific pages and paragraphs requiring protection, and include a concise written statement explaining the basis for the confidentiality claim.

The confidentiality claim process is governed by Utah Code sections 63G-2-305 and 63G-2-309, which establish that trade secrets may be protected if properly claimed and that commercial financial information may be protected if disclosure could reasonably result in unfair competitive injury. The Division of Purchasing will not redact proposals on behalf of claimants who fail to submit a redacted copy. Importantly, submission of a confidentiality claim does not guarantee that information will receive protected classification if the government subsequently receives a public records request. This form applies to the referenced DPS DRE Software procurement, which the Division of Purchasing indicated involves a Notice of Intent to Award a Contract without engaging in standard competitive procurement if it is determined that only one source exists for the procurement item.

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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

company name:
street address:
city:
state:
ZIP code:
company representative:
telephone number:
email address:
governmental entity:
date:
reason #2:
paragraph #2:
page #2:
page #1:
paragraph #1:
reason #1:
explanation:
page #3:
paragraph #3:
reason #3:
statement of reasons:
date signed:
reset:
print:
reason #4:
paragraph #4:
page #4:
Group1: Off

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