Attachment B - Disclosure Exemption Affidavit~13.docx

RFP – S-69000-00011548 – Lower Umatilla Basin Groundwater Management Area Project Attachment B

ATTACHMENT B — disclosure exemption AFFIDAVIT

Click or tap here to enter text. (Affiant), being first duly sworn under oath, and representing Click or tap here to enter text. (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 Click or tap to enter a date. (the “Offer”), to the State of Oregon (State) in response to Intermediate Procurement S-69000-00011548, for Lower Umatilla Basin Groundwater Management Area Sampling Project, and I am familiar with the contents of the Intermediate Procurement and Offer.

3. I have read and am familiar with the provisions of the 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 Click or tap here to enter text. ss:

County of Click or tap here to enter text.

Signed and sworn to before me on Click or tap to enter a date. by Click or tap here to enter text..

Notary Public for the State of Click or tap here to enter text.

My commission Expires: Click or tap to enter a date.

EXHIBIT A TO ATTACHMENT B

Offeror identifies the following information as exempt from public disclosure under the following designated exemption(s):

DAS Procurement Services, Version 1.0 – August 16, 2021 Page 2 of 2