00013855_AttB.doc

DOC document 60 KB Posted

Attached to
ODOT Audiometric Services
Solicitation number
S-73000-00013855
Issued by
Oregon

About this file

This is a Disclosure Exemption Certification form prepared by the Oregon Department of Transportation (ODOT) for submission with proposals in response to Request for Proposals [73000-00013855] for Audiometric Services. The certification requires authorized representatives of proposing entities to confirm their knowledge of the RFP, familiarity with its contents, and authority to submit the document on behalf of their organization. Proposers must identify and justify any information within their proposals that they believe qualifies for exemption from public disclosure under Oregon's Public Records Law (ORS 192.311 through 192.478) or the Uniform Trade Secrets Act as adopted in Oregon (ORS 646.461 through ORS 646.475). The proposer must complete Exhibit A, which accompanies this certification, to specifically list information claimed as exempt and cite the applicable statutory exemption sections.

The certification document establishes that information may be withheld from public disclosure if it constitutes a trade secret meeting specific criteria, including formulas, processes, production data, or compilations of information that are not patented, known only to certain individuals within the organization, possess commercial value, and provide competitive advantage. Alternatively, exempt information must derive independent economic value from not being generally known and be subject to reasonable efforts by the proposer to maintain its secrecy. The form acknowledges that final disclosure determinations may depend on official or judicial review conducted in accordance with Oregon's Public Records Law. Authorized representatives must sign and date the certification, providing their printed name and title, thereby accepting full responsibility for the accuracy and completeness of the exemption claims submitted with the proposal.

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Other files

File Type Posted
00013855_AttC~1.doc DOC document
00013855_Evaluation Score Summary.pdf PDF
00013855_ITA.pdf PDF
00013855_AttE_Final.xls XLS spreadsheet
00013855_Mobile Audiometrics_RFP_Final.doc DOC document
Notice to Award_Broadmoor and Schmeer Design RFP.pdf PDF
00013855_AttF_Sample Test Schedule.xlsx XLSX spreadsheet
00013855_AttA_Sample Contractv_Final~1.docx DOCX document
S-73000-000013855 _QA 1_Final.docx DOCX document
S-73000-00013855 _Addendum 1.docx DOCX document

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Text version

RFP [73000-00013855] – Audiometric Services Att B

ATTACHMENT B — disclosure exemption CERTIFICATION Any individual signing below hereby certifies that:

1. I am an authorized representative of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this Disclosure Exemption Certification and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals [insert RFP #], for [insert description of RFP], and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in the attached Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in the attached Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Authorized Signature

Date

(Print Name and Title)

EXHIBIT A TO ATTACHMENT B

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

RFP [###-####-##] – [RFP title] RFP Att-B (ODOT – May 20, 2020)

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