13-Att K - Claim of Business Confidentiality.docx
DOCX document 434 KB Posted
- Solicitation number
- AS26-68
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality attachment (Attachment K) for the Walk-In Building Supplies Request for Proposals (RFP) solicitation number AS26-68, issued by the State of Utah in collaboration with the NASPO ValuePoint cooperative purchasing program. The resulting Master Agreement(s) are designed for convenience purchases at retail locations, with contract discounts provided to purchasing entities at the point of purchase. This is a national cooperative contract available to multiple participating entities including states, cities, counties, and municipalities, though state-by-state offerors may be considered for award on a state-specific basis. The contract term is five years, with vendors required to guarantee their minimum percentage discount for the full contract duration. The RFP evaluation methodology provides awards to any offeror that passes technical criteria and achieves a minimum of 600 points, potentially resulting in multiple awards.
Attachment K establishes the procedures for offerors to claim information within their proposals as confidential, proprietary, or protected in accordance with Utah Code provisions governing trade secrets and commercial financial information. Offerors must complete a detailed table identifying the proposal section reference, the specific confidential information, the basis for the claim under applicable Utah Code statutes, and a concise explanation of how the information meets the protective definition. Offerors electing to claim confidentiality must submit a clearly marked redacted copy of their proposal and acknowledge that submission of a confidentiality claim does not guarantee protection under public information laws. Notably, pricing and entire proposals may not be marked as confidential, and failure to comply with confidentiality claim procedures results in waiver of all confidentiality protections and liability claims. Proposals must be submitted through the U3P Platform (Bonfire); Utah does not accept submissions by email or traditional mail.
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Text version
Request for Proposals for
[PORTFOLIO NAME]
Issued by the State of [Lead State] Solicitation Number: [#######]
Request for Proposals for Walk-In Building Supplies Issued by the State of Utah Solicitation Number AS26-68 Attachment K
CLAIM OF BUSINESS CONFIDENTIALITY
Offeror’s Claims of Business Confidentiality. (Check one of the below.)
| ☐ | Offeror is not claiming any information within Offeror’s proposal as confidential, proprietary, or protected. (Check box and skip to Signature section below.) |
| ☐ | Offeror claims the information set forth in the table below as confidential, proprietary, or protected and will submit with Offeror’s proposal a redacted copy of Offeror’s proposal, which must be clearly marked as such. Offeror understands, acknowledges, and agrees to comply with the following: |
· Each of the following fields must be completed for each claim asserted by Offeror:
· Proposal Section Reference: The page, section, or paragraph in Offeror’s proposal containing the information claimed to be confidential, proprietary, or protected.
· Confidential Information: A description of the information claimed to be confidential, proprietary, or protected.
· Basis for Claim: The basis for Offeror’s claim must be in accordance with one of the following:
· Confidentiality claims are described in Utah Code § 63G-2-309.
· 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.
· 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.
· Explanation: Explanation of how the information claimed to be confidential, proprietary, or protected meets the definition of one of the bases above. A claim must include a concise statement of reasons supporting the claim and must be submitted with the information requested to be protected.
· Offeror may not mark pricing or Offeror’s entire proposal as confidential, proprietary, or protected.
| Proposal Section Reference |
| Confidential Information |
| Basis for Claim |
| Explanation |
(Add additional rows as needed.)
Signature By signing below, the undersigned certifies under penalty of perjury that the representations made and the information provided herein are true and correct and may be relied upon by the Lead State for purposes of determining the validity of Offeror’s claim(s). Offeror understands that submission of a Claim of Business Confidentiality does not guarantee that information claimed by Offeror as confidential, proprietary, or protected will not be subject to disclosure in accordance with applicable public information laws, rules, and policies. Offeror further agrees that if Offeror fails to submit a redacted copy of Offeror’s proposal, or fails to claim information as confidential, proprietary, or protected in compliance with this RFP, Offeror releases the Lead State, NASPO, NASPO members, and entities represented on the Multistate Sourcing Team from any obligation to keep the information confidential and waives all claims of liability arising from disclosure of the information.
OFFEROR:
| __________________________________________ | __________________________________________ | |
| Signature | Date |
| __________________________________________ | __________________________________________ | |
| Printed Name | Title |
| __________________________________________ | __________________________________________ | |
| Email Address | Phone Number |
Page 2 of 9 – Attachment [X], RFP TERMS AND CONDITIONS
Attachment K, CLAIM OF BUSINESS CONFIDENTIALITY image1.png image2.png image3.png
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