ATTACHMENT B - Disclosure Exemption Affidavit.pdf
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- Attached to
- RFP for Telephonic Interpretation Services
- Solicitation number
- S-47100-00015378
- Issued by
- Marion County, Oregon
About this file
Disclosure Exemption Affidavit Summary
This is a Disclosure Exemption Affidavit template for RFP S-47100-00015378, issued by the State of Oregon for Telephonic Interpretation Services to be provided to the Oregon Office of Administrative Hearings (OAH). The RFP intends to award up to three contractors selected through a Best Value Analysis that evaluates the number of languages offered, pricing, experience, expertise, references, and availability and resource capacity. The affidavit serves as the mechanism through which offerors identify and justify information they believe should be withheld from public disclosure under Oregon's Public Records Law.
The affidavit requires the affiant to be a duly authorized employee of the offeror who certifies familiarity with ORS 192.311 through 192.478 (Oregon Public Records Law) and ORS 646.461 through 646.475 (Uniform Trade Secrets Act). Offerors must identify information in Exhibit A that qualifies for exemption from disclosure, asserting that such information constitutes trade secrets or proprietary information that either is known only to certain individuals within the organization and provides competitive advantage, or derives independent economic value from not being generally known and is subject to reasonable secrecy efforts. The affidavit must be notarized and signed by the affiant and acknowledges that final disclosure determinations may depend on official or judicial review under the Public Records Law.
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Text version
RFP S-47100-00015378 – Telephonic Interpretation Services
ATTACHMENT B — DISCLOSURE EXEMPTION AFFIDAVIT
______________________________ [Affiant], being first duly sworn under oath, and representing _________________________[Offer Name] (hereafter “Offeror”), hereby deposes and swears or affirms under penalty of perjury that:
1. 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.
2. 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 RFP S- 47100-00015378, for Telephonic Interpretation Services, and I am familiar with the contents of the Intermediate Procurement and Offer.
3. 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.
4. 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. 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 Offeror’s organization and that is used in a business the Offeror 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 Offeror that are reasonable under the circumstances to maintain its secrecy.
5. 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 _________________
My Commission Expires: _________
EXHIBIT A TO ATTACHMENT B
Offeror identifies the following information as exempt from public disclosure under the following designated exemption(s):
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