3-6. Form- Business Confidentiality- check fields.doc

DOC document 43 KB Posted

Attached to
UDOT RFP- Zero Fatalities PR Media Management
Solicitation number
UDOT260313MH
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form associated with the Utah Department of Transportation's (UDOT) Request for Proposal for Zero Fatalities PR Media Management services. The form enables bidders to assert claims of business confidentiality for specified information submitted as part of their proposals, in accordance with Utah Code Annotated Sections 63G-2-305 and 63G-2-309. Bidders may claim confidentiality protection for non-public financial statements, specific employee names and contact information, customer information and client lists, or other specified materials that qualify as trade secrets or commercial information under Utah law. However, pricing and cost proposals explicitly cannot be classified as confidential and will be considered public information, and entire proposals cannot be marked as protected, confidential, or proprietary in their entirety.

The form requires bidders claiming business confidentiality to document the specific pages and paragraphs of their proposals that warrant protection and provide detailed reasons justifying the confidentiality claim. Submitters must demonstrate that the information derives economic value from not being publicly known and that reasonable efforts have been made to maintain its 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 will be notified if records claimed as protected are classified as public or if UDOT determines that records should be released after weighing the respective interests of confidentiality protection against public access rights under applicable Utah statutes.

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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 .