RFP 170-4506-26 Attachment B Disclosure Exemption Affidavit_FINAL.docx

Attachment B Disclosure Exemption Certificate

Your Name (Proposer), being first duly sworn under oath, and representing Business Legal Name(hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am the Authorized Representative of the Proposer, and I have full authority to submit the Proposal and all required attachments to this Proposal to Treasury for consideration under the Request referenced in paragraph 2. I accept all the responsibilities and obligations under this attachment.

2. I am aware that the Proposer has submitted a Proposal, to the State of Oregon, Office of the State Treasurer in response to Request 170-4506-26 for SWIFT Assessment, and I am familiar with the contents of the Request and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, 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.

4. I have reviewed the information contained in the Proposal. I believe the information listed in Exhibit A to this Attachment 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 the table beginning on Page 3 of this attachment or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act 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 to this Attachment may depend on official or judicial determinations made in accordance with the Public Records Law.

Proposer’s Signature

EXHIBIT A TO ATTACHMENT B

|_| Proposer has attached a redacted version of the Proposal because Affiant believes the information contained in the Proposal is exempt from disclosure under the Oregon Public Records law. The redacted version is clearly marked on the Cover Page.

In addition to attaching a redacted version of the Proposal, you must provide the page, Section, and Subsection letter, and description of the exemption being asserted in the table below. The first line is an example entry for your benefit and will be used to determine exempt information of your Proposal. You may add rows if necessary to claim more exemptions.

Attachment B: Disclosure Exemption Affidavit 170-4506-26 2 image1.png image2.png