RFA 9305 Attachment C Affidavit of Trade Secret 20260624.pdf

PDF 78 KB Posted

Attached to
RFA 9305 FLEX Lending Program
Solicitation number
S-91400-00017158
Issued by
Oregon

About this file

This is an Affidavit of Trade Secret form for the Oregon Housing and Community Services (OHCS) Homeownership Lending FLEX Lending Program Request for Proposals #9305. The affidavit serves as a template for applicants to formally declare information they believe should be exempt from public disclosure under Oregon's Public Records Law and the Uniform Trade Secrets Act. Applicants must complete the form with their company name, proposal submission date, and RFA number, then attach an Exhibit A listing the specific information they claim as trade secrets. The affiant, who must be an employee with full authority to represent the applicant, swears under penalty of perjury that they understand the public records disclosure requirements and the legal definitions of trade secrets under Oregon law.

The affidavit requires the affiant to certify that the exempt information qualifies as trade secrets under one of two statutory definitions: either a formula, plan, pattern, process, or compilation of information that is not patented, known only to certain individuals within the organization, and provides competitive business advantage; or information that derives independent economic value from not being publicly known and is subject to reasonable efforts by the applicant to maintain secrecy. The affidavit must be notarized and acknowledges that final disclosure determination may depend on official or judicial review under Oregon's Public Records Law. Completed forms should be submitted to OHCS Homeownership Lending at 725 Summer Street NE, Suite B, Salem, OR 97301, or via email to HCS.HomeownershipLending@HCS.Oregon.gov.

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OHCS Homeownership Lending |Flex Lending |RFA #9305 Application |13. Affidavit of Trade Secret 2026.06 725 Summer St. NE Suite B Salem, OR 97301 | PH: (503) 986.2000 | EMAIL: HCS.HomeownershipLending@HCS.Oregon.gov

Level 3 - Restricted

Affidavit of Trade Secret ____________________ (Affiant), being first duly sworn under oath, and representing [insert Applicant Name] (hereafter “Applicant”), hereby deposes and swears or affirms under penalty of perjury that:

I am an employee of the Applicant, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Applicant to submit this affidavit and accept the responsibilities stated herein.

I am aware that the Applicant 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 number], for [insert brief description of the goods and/or services sought in the RFA] and I am familiar with the contents of the RFA and Proposal.

I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.410 through 192.505, 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 Applicant 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 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 Applicant’s organization and that is used in a business the Applicant 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:

mailto:HCS.HomeownershipLending@HCS.Oregon.gov

OHCS Homeownership Lending |Flex Lending |RFA #9305 Application |13. Affidavit of Trade Secret 2026.06 725 Summer St. NE Suite B Salem, OR 97301 | PH: (503) 986.2000 | EMAIL: HCS.HomeownershipLending@HCS.Oregon.gov

Level 3 - Restricted

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 Applicant 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 _________________

My Commission Expires: _________

Applicant identifies the following information as exempt from public disclosure:

mailto:HCS.HomeownershipLending@HCS.Oregon.gov

File details come from the government source that posted it. Updated .