8366_RFI_AttB_Affidavit.docx

RFI # S-91400-00011654 (OHCS #8366)

Attachment B – AFFIDAVIT OF TRADE SECRET

(Affiant), being first duly sworn under oath, and representing [insert Vendor/Responder’s Name] (hereafter “Vendor”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Vendor, I have knowledge of the Request for Information (RFI) referenced herein, and I have full authority from the Vendor to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Vendor has submitted a submission, dated on or about [insert date] (the “Submission”), to OHCS in response to RFI #914-4672-18, for the Evaluation of Low Income Bill Payment Assistance Programs and I am familiar with the contents of the RFI and Submission.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.410 through 192.505, 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 Submission 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 Submission. The Vendor believes the information listed in Attachment B-1 is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information 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 Vendor’s organization and that is used in a business the Vendor 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 Vendor that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Attachment B-1 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: __________________________________________________

Attachment B-1 - AFFIDAVIT OF TRADE SECRET

Vendor identifies the following information as exempt from public disclosure:

[Insert if applicable]

RFI #S-91400-00011654 (OHCS #8366)