4-Attachment D - Claim of Business Confidentiality Form - 09.pdf
PDF 115 KB Posted
- Attached to
- RFP- Utility Management Software Solution
- Solicitation number
- 26TH08P5
- Issued by
- Utah
About this file
This document is a Claim of Business Confidentiality Form issued by the State of Utah in accordance with Utah Code Annotated Subsections 63G-2-305 and Section 63G-2-309, applicable to the Jordan School District's Request for Proposals for a Utility Management Software Solution. The form allows offerors to assert claims of business confidentiality for specific information submitted in their solicitation responses, with the explicit restriction that pricing and cost information may not be classified as confidential and will be considered public information. Additionally, entire solicitation responses cannot be uniformly identified as protected, confidential, or proprietary.
The form provides offerors with designated categories under which confidentiality claims may be asserted, including non-public financial statements, specific employee names and contact information, and specific customer information or client lists. Offerors may also claim confidentiality for information meeting the statutory definition of trade secrets or commercial information that could result in unfair competitive injury if disclosed. The form requires offerors to specify the page, paragraph, and reason for each confidentiality claim, and notifies offerors that the governmental entity will evaluate any protected records and determine whether to classify them as public or release them after weighing interests under Utah Code Annotated Sections 63G-2-201(5)(b) or 63G-2-401(6).
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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 .