7-Attachment D Claim of Business Confidentiality Form.pdf
PDF 147 KB Posted
- Attached to
- IFB - Microsoft Server Licenses
- Solicitation number
- 27TH04
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality Form prepared in accordance with Utah Code Annotated provisions 63G-2-305 and 63G-2-309, applicable to the Jordan School District's Invitation for Bid for Microsoft Server Licenses. The form allows bidders to assert claims of business confidentiality for specific information submitted as part of their proposals, with the explicit prohibition that pricing and cost proposals cannot be classified as confidential and will be considered public information. Bidders may claim confidentiality protection for nonpublic financial statements, specific employee names and contact information, specific customer information or client lists, or other information as specified. The form requires bidders to identify the page number and paragraph containing the claimed confidential information and provide the specific reason for the confidentiality claim.
Confidentiality claims must be supported by either trade secrets as defined under Utah Code Annotated Section 13-24-2, which requires the information to derive independent economic value from not being generally known and to be subject to reasonable efforts to maintain secrecy, or by commercial information that could reasonably result in unfair competitive injury if disclosed and where the bidder has a greater interest in protection than the public has in obtaining access. Bidders are advised that they will be notified if any claimed protected record is classified as public or if the governmental entity determines the record should be released after weighing interests under applicable Utah statutory provisions. An entire proposal cannot be designated as protected, confidential, or proprietary.
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Text version
(Revision 08/08/2023)
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 Proposal 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.”
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 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: ______________________
Attachment D
| 63G2309: |
| Nonpublic financial statements: Off |
| Specific employee name and contact information: Off |
| Specific customer information client lists or subscription lists: Off |
| Other specify: Off |
| undefined: |
| 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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