6223-0 Attachment B. Disclosure Exemption Affidavit.pdf

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Attached to
Request for Proposal-All Payor Claims Analysis of Oregon's Substance Use Disorder Continuum of Care.
Solicitation number
S-44300-00016124
Issued by
Oregon

About this file

This is a Disclosure Exemption Affidavit submitted by a proposer in response to Request for Proposals #6223/OB #S-44300-00016124 issued by the State of Oregon's Alcohol and Drug Policy Commission. The RFP seeks a contractor to update and develop new analyses and reporting on Oregon's Substance Use Disorder Continuum of Care through a collaborative process with the ADPC team. The affidavit serves as the mechanism by which the proposer formally identifies and designates specific information contained within their proposal submission as 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). The document requires the affiant to be a duly authorized employee of the proposing firm with full knowledge of the RFP contents and proposal submitted.

The affidavit permits the proposer to protect proprietary information by designating materials listed in Exhibit A as trade secrets or otherwise exempt from disclosure. Protected information may include formulas, plans, patterns, processes, production data, cost data, customer lists, or compilations that are not publicly known, are used within the proposer's business operations, possess commercial value, and provide competitive advantage. Information may also be protected if it derives independent economic value from remaining confidential and is subject to reasonable efforts by the proposer to maintain secrecy. The affidavit acknowledges that disclosure determinations ultimately depend on official or judicial review conducted in accordance with Oregon's Public Records Law, and the document must be notarized and sworn under penalty of perjury.

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ATTACHMENT B

RFP #6223/OB #S-44300-00016124– Alcohol and Drug Policy Commission Claims Analysis of Oregon's Substance Use Disorder Continuum of Care

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 1 of 3

RFP #6223/OB #S-44300-00016124

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:

1. 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.

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 RFP #6223/OB #S-44300-00016124, for Alcohol And Drug Policy Commission Claims Analysis Of Oregon's Substance Use Disorder Continuum Of Care, 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 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:

(1) is not patented,

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

(3) has actual or potential commercial value, and

(4) 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:

RFP #6223/OB #S-44300-00016124– Alcohol and Drug Policy Commission Claims Analysis of Oregon's Substance Use Disorder Continuum of Care

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 2 of 3

(1) 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

(2) 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 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 _________________

My Commission Expires: ________

RFP #6223/OB #S-44300-00016124– Alcohol and Drug Policy Commission Claims Analysis of Oregon's Substance Use Disorder Continuum of Care

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 3 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 .