Form-Claim of Business Confidentiality-check fields.doc

DOC document 43 KB Posted

Attached to
UDOT- Fold and Form Culvert Piper Liners
Solicitation number
UDOT250204JB
Issued by
Utah

About this file

This is a standard Claim of Business Confidentiality form used by the State of Utah for contractors to identify and protect confidential business information in their proposal submissions. The form references Utah Code Annotated Subsections 63G-2-305(1) and (2) and Section 63G-2-309, allowing companies to designate specific portions of their proposals as confidential, excluding pricing and cost proposals which must remain public information.

The form requires companies to specify which elements they wish to protect, including options for non-public financial statements, specific employee information, customer information, client lists, and other proprietary information. Companies must justify their confidentiality claims by demonstrating that the information contains trade secrets as defined by Utah Code 13-24-2 or commercial information whose disclosure could result in unfair competitive injury. The form includes spaces for companies to identify specific pages and paragraphs that contain confidential information and provide reasoning for the protection request.

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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 .