Attachment-B_Disclosure Exemption~3.docx

DOCX document 37 KB Posted

Attached to
Psychological Evaluation Services
Solicitation number
S-DASOBO-00016619
Issued by
Oregon

About this file

This is a Disclosure Exemption Affidavit submitted by a proposer in response to Request for Proposals RFP OB #S-DASOBO-00016180 issued by the State of Oregon for Conduct Forensic Psychological, Psychiatric, and/or Psychosexual Evaluation Services for Adults in Custody. The affidavit allows proposers to identify specific information within their proposals that they believe qualifies for exemption from public disclosure under Oregon's Public Records Law (ORS 192.311 through 192.478) or the Uniform Trade Secrets Act (ORS 646.461 through 646.475). The document requires the affiant to be a company employee with authority to represent the proposer and familiarity with the RFP contents. The proposer must specify in Exhibit A which information is claimed as exempt and designate the specific statutory exemption(s) that apply.

The affidavit establishes that information may be protected from disclosure if it qualifies as a trade secret under either applicable law. Trade secrets are defined as formulas, plans, patterns, processes, tools, mechanisms, compounds, procedures, production data, or compilations of information that are not patented, known only to certain individuals within the organization, used in business operations, possess actual or potential commercial value, and provide competitive advantage. Alternatively, protected information must derive independent economic value from not being generally known to the public or to competitors and must be subject to reasonable efforts by the proposer to maintain secrecy. The affidavit must be notarized and submitted with the proposal, though final determination of exemption status may require official or judicial review in accordance with Oregon Public Records Law.

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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 OB #S-DASOBO-00016180, for Conduct Forensic Psychological, Psychiatric, and/or Psychosexual Evaluation Services for Adults in Custody, 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 OB #S-DASOBO-00016619_Board-Conduct Forensic Psychological, Psychiatric, and/or Psychosexual Evaluation Services for Adults in Custody 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 .