2-Attachment D - Claim of Business Confidentiality Form - 09.10.2024.pdf

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Attached to
RFI -Network Monitoring Solution
Solicitation number
26TH10RFI
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form issued by Jordan School District in Utah pursuant to Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309. The form is designed for vendors responding to the district's Request for Information (RFI) regarding Network Monitoring Solutions. Bidders may assert claims of business confidentiality to protect specific categories of information submitted with their solicitation responses, including nonpublic financial statements, specific employee names and contact information, and specific customer information or client lists. The form requires vendors to identify the pages and paragraphs of their submission that contain protected information and specify the reason for the confidentiality claim based on applicable Utah statutory definitions.

Pricing and cost information may not be classified as confidential and will be considered public information. Vendors asserting confidentiality claims must demonstrate that the protected information qualifies as trade secrets under Utah Code Annotated Section 13-24-2 or as commercial information where disclosure could reasonably result in unfair competitive injury. An entire solicitation response cannot be designated as protected, confidential, or proprietary in its entirety. The district will notify vendors if claimed protected records are classified as public or if the governmental entity determines that records should be released after weighing interests under applicable Utah statutes. Vendors must sign and date the form on behalf of their company to formalize any confidentiality claims.

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(Revision 09/10/2024)

Claim of Business Confidentiality

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 may not be classified as confidential or protected and will be considered public information. An entire solicitation response cannot be identified as “PROTECTED,” “CONFIDENTIAL,” or “PROPRIETARY.”

Non-public financial statements 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 solicitation response:

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: ______________________

Nonpublic financial statements: Off
Specific employee name and contact information: Off
Specific customer information client lists or subscription lists: Off
Other specify: Off
trade secrets as defined in Utah Code Annotated Section 13242 Trade secret means: Off
commercial information or nonindividual financial information obtained from a person if a: Off
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File details come from the government source that posted it. Updated .