4-Attachment D - Claim of Business Confidentiality Form - 09.pdf
PDF 115 KB Posted
- Solicitation number
- 27BV13P5
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality Form (Revision 09/10/2024) submitted in connection with Jordan School District's Request for Proposals for an English Language Proficiency Assessment Solution for Multilingual Learners in Utah. The form allows offerors to assert claims of business confidentiality for specific information included in their solicitation responses, pursuant to Utah Code Annotated Subsections 63G-2-305 (1) and (2) and Section 63G-2-309. Offerors may protect designated categories of information, including nonpublic financial statements, specific employee names and contact information, and specific customer information or client lists. The form requires offerors to identify the page, paragraph, and specific reason for each confidentiality claim and provides checkboxes for common categories of protected information. An entire solicitation response cannot be classified as protected, confidential, or proprietary in its entirety, and pricing or cost information may not be claimed as confidential.
The form establishes a process whereby the governmental entity will notify offerors if information claimed as protected is classified as public or if the entity determines the record should be released after weighing interests under Utah Code Annotated 63G-2-201(5)(b) or 63G-2-401(6). Claims of business confidentiality must be based on 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, and where the submitting party has a greater interest in prohibiting access than the public has in obtaining access. The form requires the signature of an authorized representative, company name, and date of submission.
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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 .