2-4. Submittal Form- Business Confidentiality- check fields.doc

DOC document 43 KB Posted

Attached to
UDOT- Road Weather Information System (RWIS) Instrumentation RFP
Solicitation number
UDOT260235CN
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form for the Utah Department of Transportation (UDOT) Road Weather Information System (RWIS) Instrumentation Request for Proposal. The form allows vendors submitting proposals to claim business confidentiality protections for specified information in accordance with Utah Code Annotated Sections 63G-2-305 and 63G-2-309. Vendors may designate certain materials as confidential, including non-public financial statements, specific employee information, and customer or client lists, provided they substantiate the claim by demonstrating how the information qualifies as a trade secret or commercial information that could result in unfair competitive injury if disclosed. The anticipated contract term is five years, with the solicitation expected to result in multiple awards for the supply of RWIS instruments according to the specified Scope of Work.

Pricing and cost proposals are explicitly prohibited from being classified as confidential or protected and will be considered public information. Vendors claiming business confidentiality must complete the form by identifying the specific pages and paragraphs of their proposal subject to protection and providing detailed reasons for each claim based on either trade secret status or competitive harm criteria. An entire proposal cannot be designated as protected, confidential, or proprietary. Vendors will be notified if any claimed protected information is determined to be public or if the governmental entity decides to release the record after weighing competing interests under applicable Utah law.

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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 .