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

DOC document 43 KB Posted

Attached to
UDOT RFP- UDOT/UTA FrontRunner Train Sets Acquisition - IN LIEU OF
Solicitation number
UDOT250192MP-1
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form submitted in connection with the Utah Department of Transportation (UDOT) and Utah Transit Authority (UTA) Request for Proposals for FrontRunner Train Sets Acquisition. The solicitation seeks qualified commuter rail vehicle manufacturers to design, manufacture, test, furnish, deliver, and performance test 10 diesel multiple units (DMUs) as a base contract with options for up to 40 additional DMUs. Award will be made to a single responsive and responsible vendor with the highest combined technical and cost score in accordance with Utah Procurement Code and Administrative Rules. All questions and comments must be submitted through the online bidding system.

The form allows bidders to claim business confidentiality protections for specific information submitted with their proposals, provided that pricing and cost proposals cannot be classified as confidential and entire proposals cannot be marked as protected or proprietary. Acceptable categories for confidentiality claims include non-public financial statements, specific employee contact information, and customer or client lists. Bidders must cite either trade secrets as defined under Utah Code Annotated Section 13-24-2 or commercial information that could result in unfair competitive injury if disclosed, and must specify the page, paragraph, and reason for each confidentiality claim. Any records claimed as protected will be reviewed by the governmental entity, which may determine that records should be released after weighing competing interests under applicable provisions of the Utah Code.

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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 .