3-04. Submittal Form- Business Confidentiality- check fields.doc

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Attached to
UDOT IFB- Deicer Testing - IN LIEU OF
Solicitation number
UDOT260177MP-1
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form for the Utah Department of Transportation (UDOT) Deicer Testing Invitation for Bid (IFB). The form allows bidders submitting proposals to claim business confidentiality protections for sensitive information in accordance with Utah Code Annotated Sections 63G-2-305 and 63G-2-309. Bidders may elect to protect non-public financial statements, specific employee information, customer or client lists, or other proprietary information by identifying the relevant pages and paragraphs of their proposal and providing the business justification for the claim. The form explicitly prohibits bidders from classifying pricing and cost proposals as confidential, designating entire proposals as protected, or claiming confidentiality over information that does not qualify as trade secrets or commercial information under Utah law. Bidders asserting confidentiality claims must demonstrate that the protected information derives independent economic value from not being generally known and that they have implemented reasonable measures to maintain its secrecy, or that disclosure would result in unfair competitive injury.

Bidders must sign and date the form on behalf of their company and submit it with their proposal. If a governmental entity determines that information claimed as protected should be released, the bidder will be notified and the claim will be evaluated under applicable Utah code provisions that weigh the bidder's interest in confidentiality against the public's interest in access to the information. The form was last revised on June 4, 2015, and serves as the standard mechanism for protecting proprietary business information submitted during the UDOT Deicer Testing procurement process.

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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 .