ATTACHMENT B Disclosure Exemption Affidavit.docx

DOCX document 37 KB Posted

Attached to
GPS Satellite Tracking Collars for Various Species
Solicitation number
S-DASOBO-00015289
Issued by
Marion County, Oregon

About this file

This is a Disclosure Exemption Affidavit template for the State of Oregon, Department of Administrative Services (DAS) Procurement Services, related to Request for Proposals (RFP) #S-DASOBO-00015289 for GPS Satellite Tracking Collars and Associated Equipment for Various Species. The affidavit serves as a formal declaration by an authorized proposer representative, sworn under oath, acknowledging familiarity with Oregon's Public Records Law (ORS 192.311-192.478) and the Uniform Trade Secrets Act (ORS 646.461-646.475). The document establishes the framework for proposers to identify specific information within their proposals that they believe qualifies for exemption from public disclosure based on statutory protections for trade secrets and confidential business information.

The affidavit requires proposers to substantiate claimed exemptions by demonstrating that the designated information constitutes a trade secret meeting specific criteria: either a formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is not patented, known only to certain individuals within the organization, used in the proposer's business, possesses actual or potential commercial value, and provides competitive advantage; or information that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy. Proposers must identify all claimed exempt information in Exhibit A and acknowledge that final determination of disclosure exemptions may depend on official or judicial review. The document requires notarization and must be signed by an authorized company representative with full knowledge of the proposal contents.

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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:

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.

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)# S-DASOBO-00015289, for GPS Satellite Tracking Collars and Associated Equipment for Various Species, and I am familiar with the contents of the RFP and Proposal.

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.

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 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 Proposer’s organization and that is used in a business the Proposer 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 Proposer 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 _________________ RFP# S-DASOBO-00015289– GPS Satellite Tracking Collars and Associated Equipment for Various Species Att B

My Commission Expires: _________

RFP [###-####-##] – [RFP title]Page 1 of 3
DAS Procurement Services, Version 4.0 – March 25, 2018Page 1 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 .