C2025677_TA Program Consultant_Attachment B_DisclosureExemptionAffidavit.docx

DOCX document 36 KB Posted

Attached to
2025-2027 TA Program Consultant
Solicitation number
S-12300-00015607
Issued by
Marion County, Oregon

About this file

This is a Disclosure Exemption Affidavit template for the State of Oregon related to RFP S-12300-00015607 for a TA Program Consultant position covering the 2025-2027 period. The affidavit is completed by a proposer's authorized representative who swears under oath that they have reviewed the proposal submitted to the State of Oregon and have knowledge of the RFP requirements. The document establishes that the proposer is submitting designated information claimed to be exempt 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 identify specific information in Exhibit A that qualifies for exemption status and provide justification for why each item meets the legal criteria for trade secret protection or other exemptions.

The affidavit requires the proposer to demonstrate that exempt information meets one of two statutory definitions: either it is 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, has actual or potential commercial value, and provides competitive advantage; or it is information that derives independent economic value from not being generally known and is subject to reasonable efforts by the proposer to maintain its secrecy. The document must be notarized and includes signature lines for the affiant and notary public, with the actual exempt information details to be listed separately in Exhibit A. This filing is a standard component of the Oregon state procurement process for proposals containing confidential business information.

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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 [insert RFP #], for [insert description of RFP], 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-12300-00015607– 2025-2027 TA Program Consultant Att B

My Commission Expires: _________

RFP [###-####-##] – [RFP title]Page 1 of 3
Page 3 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 .