Attachment E - Disclosure Exemption Affidavit.pdf
PDF 43 KB Posted
- Attached to
- RFP E-Rate Category 2 Internal Connections
- Solicitation number
- S-P03035-00015295
- Issued by
- Clackamas County, Mission CDP, Oregon
About this file
This document is a Disclosure Exemption Affidavit form for RFP 2026-MOLALLA RIVER SD-C2, issued by Molalla River School District 35 for E-Rate Category 2 Internal Connections. The affidavit serves as a template for proposers to formally declare, under penalty of perjury, that certain information contained within their proposals qualifies for exemption from public disclosure under Oregon's Public Records Law (ORS 192.311 through 192.478) and the Uniform Trade Secrets Act (ORS 646.461 through 646.475). The affiant must be an authorized employee of the proposer with knowledge of both the RFP and the submitted proposal. Proposers are required to reference Exhibit A, which should list all information claimed to be exempt from disclosure, and must specify the statutory sections under which the exemption is claimed.
The affidavit identifies two primary bases for claiming exemption: information constituting a trade secret under Oregon law, defined as formulas, plans, patterns, processes, tools, mechanisms, compounds, procedures, production data, or compilations known only to certain individuals within the proposer's organization and possessing actual or potential commercial value; and information including drawings, cost data, customer lists, formulas, patterns, compilations, programs, devices, methods, techniques, or processes that derive independent economic value from not being generally known and are subject to reasonable efforts by the proposer to maintain secrecy. The affidavit acknowledges that final disclosure determinations may ultimately depend on official or judicial determinations made in accordance with Oregon's Public Records Law. The document requires notarization and signature by both the affiant and a notary public.
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Text version
RFP 2026-MOLALLA RIVER SD-C2 - E-Rate Category 2 Internal Connections (Attachment E)
ATTACHMENT E - 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:
1. I am an employee of the Proposer, I have knowledge of the Request for Proposal referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.
2. I am aware that the Proposer has submitted a Proposal, dated on or about ________ [insert date] (the “Proposal”), to the Molalla River School District 35 in response to Request for Proposal 2026-MOLALLA RIVER SD-C2, for E-Rate Category 2 Internal Connections, and I am familiar with the contents of the RFP and Proposal.
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 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.
4. 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. 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 Proposer’s organization and that is used in a business the Proposer 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 Proposer 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).
RFP 2026-MOLALLA RIVER SD-C2 - E-Rate Category 2 Internal Connections (Attachment E)
Notary Public for the State of _________________ My Commission Expires: _________
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