1. (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:

   1. (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

   2. (b) in addition to the offeror's unredacted proposal, a copy of the offeror's proposal with the confidential business information redacted.

      (i2) Pricing may not be classified as business confidential and will be considered public information.

2. (3) An entire proposal may not be designated as "PROTECTED," "CONFIDENTIAL," or "PROPRIETARY."
3. (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.
4. (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.

5. (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.

KEY: contracts, procurement, public buildings

Date of Last Change: August 8, 2024

Notice of Continuation: January 10, 2022

Authorizing, and Implemented or Interpreted Law: 63A-5b-305; 63G-2-101 et seq.; 63G-6a-101 et seq.