4-Attachment D - Claim of Business Confidentiality Form - 09.pdf
PDF 115 KB Posted
- Solicitation number
- 26RM02P5
- Issued by
- Salt Lake County, Utah
About this file
This is a Claim of Business Confidentiality Form (Revision 09/10/2024) submitted in connection with Bingham High School's Athletic Uniform and Apparel Discount Incentive RFP in Utah. The form enables offerors responding to the school's solicitation for exclusive uniforms, footwear, and branded apparel to assert claims of business confidentiality for sensitive information submitted with their proposals, in accordance with Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309. Bingham High School currently expends approximately $400,000 annually on athletic uniforms and apparel and seeks to consolidate purchases through a single contractor while maintaining flexibility for non-game-day and miscellaneous items. The school has expressed an established preference for Under Armour based on prior experience with customer service, product quality, and brand alignment, though proposals featuring Nike, Adidas, or equivalent high-quality brands are acceptable if offerors demonstrate comparable or superior performance.
The confidentiality form allows offerors to protect specific categories of information from public disclosure, including nonpublic financial statements, specific employee names and contact information, customer information and client lists, and trade secrets as defined under Utah law. Offerors may also claim protection for commercial or non-individual financial information when disclosure could reasonably result in unfair competitive injury or impair the governmental entity's ability to obtain necessary information in the future. Notably, the form explicitly prohibits offerors from classifying pricing or costs as confidential or protected, and entire solicitation responses cannot be marked as "PROTECTED," "CONFIDENTIAL," or "PROPRIETARY." Offerors claiming business confidentiality must specify the page, paragraph, and reason for each claim, with notification provided if the governmental entity determines records should be released after weighing interests under applicable Utah statutes.
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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 .