3-Attachment D - Claim of Business Confidentiality Form - 09.pdf
PDF 115 KB Posted
- Solicitation number
- 27TH05P5
- Issued by
- Salt Lake County, Utah
About this file
This is a Claim of Business Confidentiality Form (Revision 09/10/2024) related to the Jordan School District's Request for Proposals for Nonprofit CRM Software for the Jordan Education Foundation in Utah. The form allows vendors submitting proposals to assert claims of business confidentiality for specific information included in their solicitation responses, in accordance with Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309. Vendors may protect non-public financial statements, specific employee names and contact information, specific customer information and client lists, and other specified proprietary information. The form explicitly prohibits vendors from classifying pricing and costs as confidential, as this information will be considered public. Additionally, vendors cannot identify an entire solicitation response as protected, confidential, or proprietary.
Vendors claiming business confidentiality must specify the pages and paragraphs containing protected information and provide detailed reasons for the confidentiality claim. Acceptable justifications include information that qualifies as trade secrets as defined in Utah Code Annotated Section 13-24-2 or commercial information where disclosure could reasonably result in unfair competitive injury or impair the governmental entity's ability to obtain necessary information in the future. The submitting company must demonstrate that it has a greater interest in prohibiting access than the public has in obtaining access. Vendors will be notified if claimed protected records are classified as public or if the governmental entity determines the records should be released after weighing applicable interests under Utah law.
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Text version
(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 .