8-Attachment D Claim of Business Confidentiality Form.pdf
PDF 147 KB Posted
- Solicitation number
- 27TH10
- Issued by
- Utah
About this file
This is a Claim of Business Confidentiality Form (Attachment D) submitted in accordance with Utah Code Annotated Section 63G-2-309 for a solicitation issued by Jordan School District seeking 2-Year Software Support for an Open Options Connect Care Plus Security System. The form allows bidders to designate specific proposal information as confidential or protected under Utah state law, provided such information qualifies as trade secrets or commercial information that could result in unfair competitive injury if disclosed. The document explicitly states that pricing and cost proposals may not be classified as confidential and will be considered public information, and an entire proposal cannot be identified as protected, confidential, or proprietary. Bidders may claim confidentiality for nonpublic financial statements, specific employee names and contact information, specific customer information or client lists, or other information that meets the statutory criteria for protection.
The form requires bidders to identify the specific pages and paragraphs of their proposal for which confidentiality is claimed and to provide the corresponding reason for each claim. Submitters must sign and date the form on behalf of their company, certifying that the claimed information constitutes trade secrets or commercial information meeting the statutory definition. The form includes checkboxes for different categories of protectable information, though the document provided does not indicate which categories were selected by any particular bidder. Bidders claiming confidentiality will be notified if the governmental entity determines that claimed records should be released after weighing the interests under applicable Utah statutes.
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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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| On behalf of company: |
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