Att. B_RFI_S-44000-00015479_Disclosure Exemption Affidavit.docx

DOCX document 35 KB Posted

Attached to
RFI for Clinician Advisory Services
Solicitation number
S-44000-00015479
Issued by
Marion County, Oregon

About this file

This is a Disclosure Exemption Affidavit for the State of Oregon in response to Request for Information S-44000-00015479 regarding Clinician Advisory Services. The affidavit is submitted by a respondent employee authorized to act on behalf of their organization and serves as a legal declaration under oath regarding the confidential nature of information provided in their response. The document establishes the respondent's intent to claim exemption from Oregon's Public Records Law for specified proprietary information included in their submission.

The affidavit identifies information claimed as exempt based on definitions of trade secrets under Oregon's Public Records Law and the Uniform Trade Secrets Act. Specifically, the respondent asserts exemption for formulas, plans, patterns, processes, tools, mechanisms, compounds, procedures, production data, customer lists, cost data, drawings, compilations, programs, devices, methods, techniques, or processes that are not publicly known, are known only to certain individuals within the respondent's organization, have actual or potential commercial value, or provide a competitive business advantage. The respondent must also demonstrate reasonable efforts to maintain the secrecy of such information. The affidavit requires notarization and execution under penalty of perjury, with the respondent acknowledging that final determination of exemption eligibility may depend on official or judicial review under Oregon's Public Records Law.

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ATTACHMENT B

Disclosure exemption AFFIDAVIT

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

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

I am aware that the Respondent has submitted information, dated on or about [insert date] (the “Response”), to the State of Oregon (State) in response to Request for Information S-44000-00015479, Clinician Advisory Services.

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 information received 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.

The Respondent believes the information indicated 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 Respondent’s organization and that is used in a business the Respondent 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 Respondent that are reasonable under the circumstances to maintain its secrecy.

I understand that disclosure of the information referenced 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: ______________________

RFI S-44000-00015479 Page 1 of 2

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