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

DOC document 43 KB Posted

Attached to
UDOT- Snowplow Cover Blades
Solicitation number
UDOT270054JB
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 #UDOT270054JB for Snowplow Cover Blades. The form allows bidders to assert claims of business confidentiality for sensitive information included in their proposals, in accordance with Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309. Bidders may designate specific categories of information as confidential, including 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 under Utah law. However, pricing and cost proposals cannot be classified as confidential and will be considered public information, and an entire proposal cannot be designated as protected, confidential, or proprietary.

The form requires bidders to identify the specific pages and paragraphs containing information they claim should be protected and to provide justification based on trade secret definitions or potential competitive injury. Bidders must demonstrate that the information derives independent economic value from not being generally known and that reasonable efforts have been made to maintain secrecy, or alternatively, that disclosure could result in unfair competitive injury to the submitting party. The governmental entity will notify bidders if claimed protected records are classified as public or if the state determines that records should be released after weighing the interests of the bidder against public access rights under applicable Utah statutory provisions.

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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 .