12-26TH04P5 - Attachment D - Claim of Business Confidentiality Form FINAL.pdf
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- Attached to
- E-Rate Network Switch Upgrade
- Solicitation number
- 26TH04P5
- Issued by
- Utah
About this file
This document is a Claim of Business Confidentiality form under Utah Code Annotated, specifically Attachment D, revised on 08/08/2023. The form allows a company to assert confidentiality protections for specific types of information submitted in a solicitation, with clear limitations on what can be designated as confidential. Notably, pricing/cost proposals cannot be classified as confidential and will be considered public information, and an entire proposal cannot be marked as "PROTECTED," "CONFIDENTIAL," or "PROPRIETARY."
The form provides checkboxes for protecting non-public financial statements, specific employee contact information, customer information, client lists, and other unspecified categories. The confidentiality claim must be based on either trade secret criteria or commercial information that could result in competitive injury if disclosed. Companies must specify the exact pages and paragraphs they wish to protect, with the understanding that the governmental entity may still determine to release the information after weighing public and private interests according to Utah state law.
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Text version
(Revision 08/08/2023)
Attachment D
Claim of Business Confidentiality
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 Proposal 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.”
Non-public financial statements 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: ______________________
File details come from the government source that posted it. Updated .