00017493 Attachment B Disclosure Exemption.docx

DOCX document 46 KB Posted

Attached to
CVIEW Replacement Project
Solicitation number
S-73000-00017493
Issued by
Oregon

About this file

This is a Disclosure Exemption Certification attachment for the State of Oregon's CVIEW Replacement Project Request for Proposals (RFP S-73000-00017493). The document serves as a formal certification by an authorized representative of a proposer regarding claims of exemption from public disclosure for information submitted with their proposal response. The certification requires the signatory to confirm knowledge of the RFP, authority to submit the certification, and familiarity with Oregon's Public Records Law (ORS 192.311 through 192.478) and the Uniform Trade Secrets Act (ORS 646.461 through 646.475). The proposer must identify specific information in the attached Exhibit A that it believes qualifies for exemption from public disclosure.

The document establishes criteria for claiming exemption, defining qualifying information as trade secrets that either constitute formulas, plans, patterns, processes, tools, mechanisms, compounds, procedures, production data, or compilations of information that are not patented, known only to certain individuals within the proposer's organization, used in the proposer's business operations, possess actual or potential commercial value, and provide competitive advantage; or information including drawings, cost data, customer lists, formulas, patterns, compilations, programs, devices, methods, techniques, or processes that derive independent economic value from not being generally known and are subject to reasonable efforts to maintain secrecy. The certification acknowledges that ultimate disclosure decisions depend on official or judicial determinations in accordance with Oregon's Public Records Law.

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Other files

File Type Posted
00017493 Attachment G Responsibility Inquiry.docx DOCX document
00017493 RFP.docx DOCX document
00017493 Attachment D_Statement of Work.docx DOCX document
00017493 Attachment E_Price Proposal Form.docx DOCX document
00017493 Attachment I Oregon Standards Spreadsheet.xlsx XLSX spreadsheet
00017493 Attachment F_Acronyms and Definitions.docx DOCX document
00017493 Attachment A Sample Contract.docx DOCX document
00017493 Attachment C Proposal Information and Cert Sheet.docx DOCX document
00017493 Attachment H_System Requirements.xlsx XLSX spreadsheet

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

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.

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.

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.

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

is not patented, is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts, has actual or potential commercial value, and gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

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

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

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 SignatureDate

(Print Name and Title) RFP/Bid Solicitation S-73000-00017493 CVIEW Replacement Project Att B

RFP [###-####-##] – [RFP title]Page 1 of 3
RFP Att-B (ODOT – May 20, 2020)Page 2 of 3

EXHIBIT A TO ATTACHMENT B

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

File details come from the government source that posted it. Updated .