2-5. Submittal Form- Business Confidentiality- check fields (3).doc

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Attached to
UDOT IFB- Provide UDOT with TrafFix Scorpion II Truck Mounted and Trailer Attenuators
Solicitation number
UDOT260158JB
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form submitted by a bidder in response to the Utah Department of Transportation (UDOT) Invitation for Bid (IFB) Solicitation #UDOT260158JB, which seeks to establish multiple five-year agency contracts for TrafFix Scorpion II Truck Mounted and Trailer Attenuators and related replacement parts and maintenance services. The form allows bidders to designate specific information within their proposals as confidential under Utah Code Annotated Subsections 63G-2-305(1) and (2), provided such claims are properly justified and itemized by page and paragraph number. Bidders may claim confidentiality protection for non-public financial statements, specific employee names and contact information, customer or client lists, and other proprietary information that qualifies as trade secrets or commercial information meeting the statutory criteria. Notably, pricing and cost proposals cannot be classified as confidential and will be treated as public information, and entire proposals cannot be marked as protected, confidential, or proprietary in their entirety.

The form requires bidders asserting business confidentiality claims to demonstrate that the protected information derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy, or that disclosure would result in unfair competitive injury or impair the governmental entity's ability to obtain necessary information in the future. Bidders must provide detailed documentation identifying the specific pages, paragraphs, and reasons for each confidentiality claim. The State will notify bidders if claimed protected records are classified as public or if the governmental entity determines records should be released after weighing competing interests under applicable Utah statutory provisions. The form was last revised on June 4, 2015.

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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 .