2-11. Submittal Form- Business Confidentiality- check fields.doc

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Attached to
UDOT RFP- Toll Back Office System and Customer Service Center Support
Solicitation number
UDOT260065MP
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form for the Utah Department of Transportation's Request for Proposals for Toll Back Office System and Customer Service Center Support. The form allows bidders to claim business confidentiality protections for specific information submitted with their proposals, in accordance with Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309. Bidders may designate non-public financial statements, specific employee names and contact information, customer information, client lists, subscription lists, or other specified information as confidential if such information qualifies as a trade secret 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 entire proposals cannot be identified as protected, confidential, or proprietary in their entirety.

The form requires bidders claiming business confidentiality to identify the specific pages and paragraphs of their proposal for which protection is sought and provide detailed reasons justifying the confidentiality claim. The justification must demonstrate that the information derives independent economic value from not being generally known and is the subject of reasonable efforts to maintain secrecy, or that it constitutes commercial information where disclosure would cause unfair competitive injury or impair the governmental entity's ability to obtain necessary information in the future. Bidders will be notified if claimed protected records are classified as public or if the governmental entity determines that records should be released after weighing competing interests under applicable Utah Code Annotated sections.

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Text version

CLAIM OF BUSINESS CONFIDENTIALITY

FORMCHECKBOX

None. I am not claiming Business Confidentiality

FORMCHECKBOX

Yes, I am claiming Business Confidentiality and must supply the following:

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 Proposals 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”.

FORMCHECKBOX

Non-public financial statements

FORMCHECKBOX

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:

(Revision 6/4/2015)

File details come from the government source that posted it. Updated .