5-Attachment D - Claim of Business Confidentiality Form - 09.pdf
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- Attached to
- Classroom Management Software
- Solicitation number
- 26TH01P5
- Issued by
- Utah
About this file
This document is a Claim of Business Confidentiality form under Utah Code Annotated, specifically designed for companies to protect certain non-public information during a solicitation process. The form allows businesses to assert confidentiality for specific types of information, including non-public financial statements, employee contact details, customer information, and client lists, with explicit restrictions that pricing/cost cannot be classified as confidential and that an entire solicitation response cannot be marked as "PROTECTED," "CONFIDENTIAL," or "PROPRIETARY."
The form provides legal justification for confidentiality claims based on two primary criteria: protecting trade secrets that derive independent economic value from not being generally known, and safeguarding commercial information where disclosure could result in unfair competitive injury. Companies must detail the specific pages and paragraphs for which confidentiality is claimed, and they are notified that the governmental entity may still choose to release the information after weighing various statutory interests. The document is dated for revision on 09/10/2024 and includes signature lines for the claiming company's representative.
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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 .