016036 RFPAttB - Disclousure Exemption Affidavit.docx

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Attached to
RFP - OREGON ALLIANCE TO PREVENT SUICIDE STAFFING AND CULTURALLY SPECIFIC PROGRAMMING
Solicitation number
S-44300-00016036
Issued by
Oregon

About this file

This is a Disclosure Exemption Affidavit attachment for Request for Proposals (RFP) S-44300-00016036 issued by the State of Oregon through the Oregon Health Authority (OHA) for the Oregon Alliance to Prevent Suicide Staffing and Culturally Specific Programming initiative. The affidavit serves as a formal declaration by an authorized proposer representative, sworn under penalty of perjury, identifying information within the proposal submission that the proposer believes qualifies for exemption from public disclosure under Oregon's Public Records Law (ORS 192.311 through 192.478) and the Uniform Trade Secrets Act (ORS 646.461 through 646.475). Proposers are required to complete this attachment by inserting their organization name, proposal submission date, and RFP number, then designating specific information claimed as exempt through referenced Exhibit A documentation.

The affidavit permits proposers to claim exemption for information meeting the statutory definition of trade secrets, including formulas, plans, patterns, processes, tools, mechanisms, production data, cost data, customer lists, or compilations of information that are not patented, known only to certain organizational individuals, possess actual or potential commercial value, and provide competitive business advantage. Alternatively, proposers may claim exemption for information that derives independent economic value from not being generally known and is subject to reasonable efforts by the proposer to maintain secrecy. The document requires notarization and must be executed before a Notary Public, with the affiant confirming familiarity with applicable Oregon public records statutes and understanding that disclosure determinations ultimately depend on official or judicial review according to the Public Records Law.

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ATTACHMENT B — disclosure exemption AFFIDAVIT ____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit 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 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 Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature State of ___________) ) ss:

County of ________) Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

RFP S-44300-00016036 – Oregon Alliance to Prevent Suicide Staffing and Culturally Specific Programming Att B My Commission Expires: _________ RFP [###-####-##] – [RFP title] Page 1 of 3

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 1 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 .