3-07. Submittal Form- Business Confidentiality- Yes No.doc

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Attached to
UDOT RFP- Fiber Optic and ATMS Construction Services- IN LIEU OF
Solicitation number
UDOT260084MP-1 - Re solicitation
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form submitted in connection with the Utah Department of Transportation (UDOT) Request for Proposals for Fiber Optic and ATMS Construction Services. The form allows bidders to assert claims of business confidentiality for specific information included in their proposals, provided such claims comply with Utah Code Annotated Sections 63G-2-305, 63G-2-309, and 63G-2-401. Bidders may claim confidentiality protection for non-public financial statements, specific employee names and contact information, customer or client lists, or other proprietary information that qualifies as trade secrets or commercial information meeting statutory criteria. However, pricing and cost proposals cannot be classified as confidential and are considered public information. Additionally, entire proposals cannot be marked as protected, confidential, or proprietary in their entirety.

The RFP for which this form applies anticipates multiple contract awards for fast-turnaround, straightforward construction services related to fiber optic and ATMS infrastructure. The contract period extends through March 31, 2028, with no renewal options available. Contractors will submit line-item pricing for various construction services and will be compensated based on the quantity of work performed and accepted. All work must comply with Utah Department of Transportation standards and specifications. The State reserves the right to reopen the solicitation to allow additional contractors to submit responses at any time. Bidders claiming business confidentiality must specify the exact pages and paragraphs requiring protection and provide detailed justifications based on Utah's statutory definitions of trade secrets or competitive injury, with notification to be provided if claims are denied or records are released following governmental entity review.

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Text version

CLAIM OF BUSINESS CONFIDENTIALITY

FORMCHECKBOX

No. 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 .