5-Attachment D - Claim of Business Confidentiality Form - 09.pdf

PDF 115 KB Posted

Attached to
Fresh Baked Pizza
Solicitation number
26LC03P5
Issued by
Utah

About this file

This document is a Claim of Business Confidentiality form under Utah Code Annotated, specifically designed for businesses to protect certain sensitive information submitted during a solicitation process. The form allows companies to assert confidentiality for specific types of information, including non-public financial statements, employee contact details, and customer information, while explicitly noting that pricing/cost information cannot be classified as confidential and will be considered public.

The form provides legal mechanisms for businesses to protect trade secrets and commercial information that could potentially result in competitive injury if disclosed. Companies must specify the exact pages and paragraphs containing confidential information and provide reasons for the confidentiality claim, such as the information deriving independent economic value from not being generally known or having potential to cause unfair competitive injury. The document is dated for revision on 09/10/2024 and includes spaces for company signatures, dates, and specific confidentiality claims, with a built-in notification process if the governmental entity determines the claimed information should be released.

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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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Other (specify):
Company Name:

File details come from the government source that posted it. Updated .