Utah Admin. Code R23-1-703 - Protected Records
(1) An offeror
wishing to claim that information in a proposal is a "trade secret" as that
term is defined in Section
63G-2-305 and a protected record
under Section
63G-2-305 or commercial
information or nonindividual financial information and a protected record under
Section 63G-2-305 shall, when submitting the offeror's proposal, submit to the
division:
(a) a written claim of business
confidentiality and a concise statement of the reasons supporting the claim for
business confidentiality on the business confidentiality claim form provided on
the division's website; and
(b) in
addition to the offeror's unredacted proposal, a copy of the offeror's proposal
with the confidential business information redacted.
(2) Pricing may not be classified as business
confidential and will be considered public information.
(3) An entire proposal may not be designated
as "PROTECTED," "CONFIDENTIAL," or "PROPRIETARY."
(4) Failure to provide a claim of business
confidentiality pursuant to Subsection (a) or redacted proposal pursuant to
Subsection (b) shall result in the offeror's proposal being classified as an
unprotected public record.
(5)
Provided that an offeror complies with the requirements of Section
63G-2-309 and this rule for
protecting confidential business information, in the event of a request for the
offeror's proposal under Section
63G-2-204, the division will
provide the requestor with a copy of the offeror's redacted proposal.
(6) Provided that an offeror complies with
the requirements of Section
63G-2-309 and this rule for
protecting confidential business information, in the event of a request for the
offeror's proposal under Section
63G-2-204, the division will not
provide the requestor with a copy of the offeror's unredacted proposal without
notification to the offeror as provided in Section 63G-6a-309 and then only as
provided in Section
63G-2-309.
Notes
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