6-04. Submittal Form- Business Confidentiality- Yes No.doc

DOC document 43 KB Posted

Attached to
IFB-Thrie beam guardrail, & components
Solicitation number
UDOT260292BG
Issued by
Utah

About this file

This is a Claim of Business Confidentiality Form submitted by bidders responding to the Utah Department of Transportation (UDOT) Invitation for Bid (IFB) Solicitation #UDOT260292BG for W-beam, Thrie beam guardrail, and components. The form allows contractors to assert claims of business confidentiality for specific information included in their bid proposals in accordance with Utah Code Annotated Sections 63G-2-305, 63G-2-309, and related statutes. Bidders may designate certain materials as protected, including non-public financial statements, employee information, customer lists, trade secrets, and other commercial information that could result in competitive injury if disclosed. However, pricing and cost proposals cannot be classified as confidential and will be considered public information, and entire proposals cannot be marked as protected or proprietary.

When submitting a confidentiality claim, bidders must identify the specific pages and paragraphs containing protected information and provide detailed reasons justifying the confidentiality designation with reference to Utah's trade secret definitions or competitive injury standards. The form requires bidders to demonstrate that they have taken reasonable efforts to maintain secrecy and that their interest in protection outweighs the public's interest in disclosure. Bidders will be notified if claimed protected records are reclassified as public or if the governmental entity determines that records should be released after balancing competing interests under applicable Utah statutes.

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Text version

CLAIM OF BUSINESS CONFIDENTIALITY

FORMCHECKBOX

None. I am not claiming Business Confidentiality

FORMCHECKBOX

Yes, I am claiming Business Confidentiality and must supply the following:

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 Proposals may not be classified as confidential or protected and will be considered public information. An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”.

FORMCHECKBOX

Non-public financial statements

FORMCHECKBOX

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 proposal:

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:

(Revision 6/4/2015)

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