35077 Attachment J_Disclosure Exemption~1.docx

DOCX document 33 KB Posted

Attached to
Road Usage Charge Commercial Account Manager
Solicitation number
S-73000-00004198
Issued by
Marion County, Oregon

About this file

The document is an Attachment J Disclosure Exemption Certification for a Request for Qualifications (RFQ) issued by the Oregon Department of Transportation (ODOT) for a Road Usage Charge Commercial Account Manager. The purpose of the RFQ is to establish replacement Price Agreements for one or more Commercial Account Manager to provide travel data collection equipment, related services, account management services, and customer support for ODOT's Road Usage Charge program. The RFQ involves Marion County and the City of Salem.

The document outlines the Proposer's request to exempt certain "Exempt Information" from public disclosure under Oregon's Public Records Law, as the information contains trade secrets or confidential business information. The Proposer claims the Exempt Information provides it with a competitive advantage and is not generally known to the public or other competitors.

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ATTACHMENT J

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 Qualifications 35077, for the Road Usage Charge Commercial Account Manager , and I am familiar with the contents of the RFQ 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) RFQ/Bid Solicitation S-7300-00004198 (35077) – Road Usage Charge Commercial Account Manager Att J

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

EXHIBIT A TO ATTACHMENT j 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 .