17202_Attachment B_Disclosure Exemption Certification.doc
DOC document 77 KB Posted
- Attached to
- ODOT Director Executive Recruitment Services
- Solicitation number
- S-73000-00017802
- Issued by
- Oregon
About this file
This is a Disclosure Exemption Certification attachment for RFP 73000-00017802 issued by the Oregon Department of Transportation (ODOT) for Director Executive Recruitment Services. The certification document establishes the framework by which proposers identify information they consider exempt 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 submitting responses to this RFP must have an authorized representative complete and sign the certification, acknowledging their understanding of public records requirements and identifying specific information in Exhibit A that they believe qualifies for exemption from disclosure. The document requires proposers to demonstrate that exempt information meets criteria as either a trade secret formula, plan, process, or compilation of information known only to certain individuals within the organization and providing competitive business advantage, or information that derives independent economic value from not being publicly known and is subject to reasonable efforts to maintain its secrecy.
The certification serves as a formal declaration that enables ODOT to properly evaluate and potentially protect sensitive business information submitted in proposals while maintaining compliance with Oregon's transparency requirements. Proposers must attach Exhibit A to this certification, specifically listing the information they claim is exempt and citing the precise legal exemptions under which they believe the information qualifies. The document explicitly notes that ultimate disclosure determinations may depend on official or judicial review in accordance with Oregon's Public Records Law, meaning the proposer's certification does not guarantee exemption but rather documents the proposer's good faith assertion of exemption status at the time of submission.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 17802_Attachment C_Proposer Information and Certification Sheet.doc | DOC document | |
| 17802_intRFPodot.docx | DOCX document | |
| 17802_Attachment A_Sample Contract.docx | DOCX document | |
| 17802_Attachment_D_Price_Proposal.docx | DOCX document |
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Text version
RFP/Bid Solicitation 73000-00017802 – ODOT Director Executive Recruitment 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 73000-00017802, for ODOT Director Executive Recruitment Services, 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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