Att B-DISCLOSURE EXEMPTION AFFIDAVIT.docx

DOCX document 39 KB Posted

Attached to
RFP-Oregon Native Seed Amplification
Solicitation number
S-60300-00015305
Issued by
Oregon

About this file

This is a Disclosure Exemption Affidavit submitted by an offeror in response to Intermediate Procurement S-60300-0015305 for Oregon Native Seed Implementation, issued by the Oregon Department of Agriculture's Invasive Noxious Weed Control program area. The affidavit allows the offeror to formally identify and protect specific information contained in their proposal 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 a sworn statement from an authorized company employee confirming familiarity with the procurement and the contents of the submitted offer, along with identification of information deemed exempt from disclosure.

The affidavit specifies that exempt information may include trade secrets such as formulas, plans, patterns, processes, tools, mechanisms, compounds, procedures, production data, or compilations of information that are not patented, known only to certain individuals within the offeror's organization, possess actual or potential commercial value, and provide competitive advantage. Additionally, protected information may encompass drawings, cost data, customer lists, programs, devices, methods, techniques, or processes that derive independent economic value from non-disclosure and are subject to reasonable efforts by the offeror to maintain secrecy. The document requires notarization and references Exhibit A, where the offeror must specifically list all information claimed as exempt and designate the corresponding statutory exemptions under Oregon law. Final disclosure determinations remain subject to official or judicial review in accordance with the Public Records Law.

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

I am an employee of the Offeror, I have knowledge of the Intermediate Procurement referenced herein, and I have full authority from the Offeror to submit this affidavit and accept the responsibilities stated herein.

I am aware that the Offeror has submitted an Offer, dated on or about [insert date] (the “Offer”), to the State of Oregon (State) in response to Intermediate Procurement S-60300-0015305, for Oregon Native Seed Implementation, and I am familiar with the contents of the Intermediate Procurement and Offer.

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 Offer 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 Offer. The Offeror 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 Offeror’s organization and that is used in a business the Offeror 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 Offeror 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 _________________

Intermediate Procurement RFP S-60300-00015305 – Oregon Native Seed Implementation Att B

My Commission Expires: _________ RFP [###-####-##] – [RFP title] Page 1 of 3

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 3 of 3

EXHIBIT A TO ATTACHMENT B

Offeror 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 .