12-Attachment D Claim of Business Confidentiality Form.pdf
PDF 147 KB Posted
- Attached to
- RFP Classroom & Computer Lab Management Software
- Solicitation number
- 27TH01P5
- Issued by
- Salt Lake County, Utah
About this file
This is a Claim of Business Confidentiality Form issued by the State of Utah for use in the Request for Proposals for Classroom & Computer Lab Management Software solicitation by Jordan School District. The form allows offerors to assert claims of business confidentiality for sensitive information submitted as part of their proposals, in accordance with Utah Code Annotated Subsections 63G-2-305 and Section 63G-2-309. Offerors may designate information such as nonpublic financial statements, specific employee names and contact information, customer information, client lists, or subscription lists as confidential, provided they document the specific pages and paragraphs containing protected information and justify the claim based on trade secrets or commercial information that could result in unfair competitive injury if disclosed. Importantly, pricing and cost proposals may not be classified as confidential and will be considered public information, and an entire proposal cannot be marked as protected, confidential, or proprietary.
Offerors submitting claims of business confidentiality must complete the form by signing and dating it on behalf of their company, specifying the exact location of protected information within their proposal, and providing detailed reasons for each claim. The governmental entity will notify offerors if any record claimed to be protected is subsequently classified as public or if the entity determines that the record should be released after weighing interests under applicable Utah Code provisions. This form serves as the official mechanism for offerors to safeguard proprietary trade secrets and sensitive commercial information while ensuring transparency in the procurement process.
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Text version
(Revision 08/08/2023)
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: ______________________
Attachment D
| 63G2309: |
| Nonpublic financial statements: Off |
| Specific employee name and contact information: Off |
| Specific customer information client lists or subscription lists: Off |
| Other specify: Off |
| undefined: |
| trade secrets as defined in Utah Code Annotated Section 13242 Trade secret means: Off |
| commercial information or nonindividual financial information obtained from a person if a: Off |
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