8-Attachment D Claim of Business Confidentiality Form.pdf
PDF 147 KB Posted
- Solicitation number
- 26TH11-3
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality Form pursuant to Utah Code Annotated Section 63G-2-309, applicable to Jordan School District's solicitation for Windows Device Management Software (Ivanti). The form is a template that bidders may complete to assert claims of business confidentiality for information submitted as part of the solicitation process. Bidders are permitted to protect specific categories of information including nonpublic financial statements, specific employee names and contact information, specific customer information or client lists, and trade secrets as defined under Utah law. The form explicitly prohibits classification of pricing or cost proposals as confidential, as these will be considered public information, and prohibits identifying an entire proposal as protected, confidential, or proprietary. Bidders must specify the page, paragraph, and reason for each claimed confidentiality, referencing either the trade secrets definition or commercial information provisions of Utah Code Annotated Section 13-24-2.
Bidders who submit claims of business confidentiality must sign and date the form on behalf of their company. The governmental entity will notify bidders if any claimed protected records are classified as public or if the entity determines records should be released after weighing interests under applicable Utah Code provisions. The form serves as the mechanism for bidders to document and defend their requests for protection of sensitive business information during the procurement process, with all determinations subject to Utah's public records laws and judicial review standards.
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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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