5-Attachment D - Claim of Business Confidentiality Form - 09.pdf
PDF 115 KB Posted
- Attached to
- Athletic Uniform, Apparel, Facility Branding and Merchandising Partnership for Copper Hills High School
- Solicitation number
- 26LC04P5
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality Form established pursuant to Utah Code Annotated Section 63G-2-305 for use in the Athletic Uniform, Apparel, Facility Branding and Merchandising Partnership solicitation for Copper Hills High School in Utah. The form provides offerors with the mechanism to assert claims of business confidentiality over specific information submitted as part of their proposal response. Offerors may designate information as confidential only if it qualifies as trade secrets as defined under Utah Code Annotated Section 13-24-2 or as commercial information meeting specific criteria regarding competitive injury and public interest balancing. The form explicitly prohibits offerors from classifying pricing, cost information, or entire solicitation responses as confidential or protected, as such information will be considered public. Offerors must specify on the form which pages, paragraphs, and particular information they are claiming as confidential and must provide detailed reasoning tied to the statutory definitions of trade secrets or protected commercial information.
The form requires offerors to sign and date the claim on behalf of their company, thereby formally asserting protection over designated information in their proposal. Upon submission, the governmental entity will review claimed confidential information and notify offerors if any records are classified as public or if the entity determines release is appropriate after weighing competing interests under applicable Utah law. Offerors seeking to protect non-public financial statements, specific employee names and contact information, specific customer information or client lists, or other qualifying information must complete the detailed claim documentation with supporting justification for each confidentiality assertion.
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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 .