ATTACHMENT 8 - Bidders Designation of Confidential Materials 13424.pdf

ITB S-47100-00013424 – ALBANY HVAC

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ATTACHMENT 8

BIDDER’S DESIGNATION OF CONFIDENTIAL MATERIALS

Bidder Name:

Instructions for completing this form:

As a public entity, OED is subject to the Oregon Public Records Law which confers a right for any person to inspect any public records of a public body in Oregon, subject to certain exemptions and limitations. See ORS 192.410 through 192.505. Exemptions are generally narrowly construed in favor of disclosure in furtherance of a policy of open government. Your bid will be a public record that is subject to disclosure except for material that qualifies as a public records exemption.

It is OED’s responsibility to redact from disclosure only material exempt from the Oregon Public Records Law. It is the Bidder’s responsibility to only mark material that legitimately qualifies under an exemption from disclosure. To designate a portion of a bid as exempt from disclosure under the Oregon Public Records Law, the Bidder should do the following steps:

1. Clearly identify in the body of the bid only the limited material that is a trade secret or would otherwise be exempt under public records law. If a bid fails to identify portions of the bid as exempt, Bidder is deemed to waive any future claim of non-disclosure of that information.

2. List, in the space provided below, the portions of your bid that you have marked in step 1 as exempt under public records law and the public records law exemption (e.g., a trade secret) you believe applies to each portion. If a Bidder fails to list in this Attachment a portion of the bid as exempt, Bidder is deemed to waive any future claim of non-disclosure of that information.

3. Provide, in your response to this Attachment, justification how each portion designated as exempt meets the exemption criteria under the Oregon Public Records Law. If you are asserting trade secret over any material, please indicate how such material meets all the criteria of a trade secret listed below. Please do not use broad statements of conclusion not supported by evidence.

Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Prospective Bidders are advised to consult with legal counsel regarding disclosure issues. Bidder may wish to limit the amount of truly trade secret information submitted, providing only what is necessary to submit a complete and competitive bid.

In order for records to be exempt from disclosure as a trade secret, the records must meet all four of the following requirements:

The information must not be patented;

It must be known only to certain individuals within an organization and used in a business the organization conducts;

It must be information that has actual or potential commercial value; and, It must give its users an opportunity to obtain a business advantage over competitors who do not know or use it.

Keep in mind that the trade secret exemption is very limited. Not all material that you might prefer be kept from review by a competitor qualifies as your trade secret material. OED is required to release

ITB S-47100-00013424 – ALBANY HVAC

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In support of the principle of an open competitive process, “bottom-line pricing” – that is, pricing used for objective cost evaluation for award of the ITB or the total cost of the contract or deliverables under the contract – will not be considered as exempt material under a public records request. Examples of material that would also not likely be considered a trade secret would include résumés, audited financial statements of publicly traded companies, material that is publicly knowable such as a screen shot of a software interface or a software report format.

To designate material as confidential and qualified under an exemption from disclosure under Oregon Public Records Law, a Bidder must complete this Attachment form as follows:

Part I: List all portions of your bid, if any, that Bidder is designating as exempt from disclosure under Oregon Public Records Law. For each item in the list, state the exemption in Oregon Public Records Law that you are asserting (e.g., trade secret).

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to [insert specific exemption from ORS 192, such as a “ORS 192.501(2) ‘trade secret’”] and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505.”

In the space provided below, state Bidder’s list of material exempt from disclosure and include specific pages and section references of your bid.

1.

2.

3.

[This list may be expanded as necessary]

Part II: For each item listed above, provide clear justification how that item meets the exemption criteria under Oregon Public Records Law. If you are asserting trade secret over any material, state how such material meets all the criteria of a trade secret listed above in this Attachment.

In the space provided below, state Bidder’s justification for non-disclosure for each item in the list in Part I of this Attachment:

1.

2.

3.

[This list may be expanded as necessary]