ITB_12203_Attachment_I_Disclosure_Exemption_Affidavit.pdf
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- Attached to
- Supply of Bulk Propane Fuel, Tanks, Related Goods and ServicesRelated Products and Services
- Solicitation number
- S-10700-00012203
- Issued by
- Benton County, Oregon
About this file
The document is a Disclosure Exemption Affidavit (Attachment I) for Invitation to Bid (ITB) No. S-10700-00012203 issued by the State of Oregon's Department of Administrative Services (DAS) Procurement Services for the Supply of Bulk Propane Fuel, Tanks, Related Goods and Services. The ITB is dated March 25, 2018 (Version 4.0) and the bid submission is anticipated on or about July 30, 2025. This affidavit is a legal document that allows a bidder to identify and protect certain confidential or proprietary information from public disclosure under Oregon's Public Records Law.
The affidavit provides a framework for bidders to claim exemption from public disclosure for specific types of information that constitute trade secrets or proprietary business information. These may include formulas, plans, processes, production data, or compilations that have independent economic value by not being generally known, are used in the bidder's business, and are subject to reasonable efforts to maintain secrecy. The document outlines two primary criteria for information to be considered exempt: (A) a non-patented process or compilation with potential commercial value that provides a competitive advantage, and (B) information that derives economic value from not being publicly known and is actively protected by the bidder.
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ITB No. S-10700-00012203 – Supply of Bulk Propane Fuel, Tanks, Related Goods and Services
DAS Procurement Services, Version 4.0 – March 25, 2018 Page 1 of 3
ATTACHMENT I
Disclosure Exemption Affidavit
____________________ (Affiant), being first duly sworn under oath, and representing [Bidder Name] (hereafter “Bidder”), hereby deposes and swears or affirms under penalty of perjury that:
1. I am an employee of Bidder, I have knowledge of the Bids referenced herein, and I have full authority from Bidder to submit this affidavit and accept the responsibilities stated herein.
2. I am aware that the Bidder has submitted a Bid, dated on or about July 30, 2025, (the “Bid”), to the State of Oregon (State) in response to ITB # S-10700-00012203 for Supply of Bulk Propane Fuel, Tanks, Related Goods and Services and am familiar with the contents of the ITB and Bid.
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 Bid 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 Bid. The Bidder 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 below 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 Bidder’s organization and that is used in a business the Bidder 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:
DAS Procurement Services, Version 4.0 – March 25, 2018 Page 2 of 3
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 Bidder 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 __________
County of ________
Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).
Notary Public for the State of _________________
My Commission Expires: _________
DAS Procurement Services, Version 4.0 – March 25, 2018 Page 3 of 3
EXHIBIT A TO ATTACHMENT I
Bidder identifies the following information as exempt from public disclosure under the following designated exemption(s):
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