RFP S-40400-00011842 ATTACHMENT B - Disclosure Exemption Certificate.pdf
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- Attached to
- Financial Case Management System (COTS) (SaaS)
- Solicitation number
- S-40400-00011842
- Issued by
- Marion County, Oregon
About this file
This document is an Attachment B: Disclosure Exemption Certificate related to a Request for Proposals (RFP) issued by the State of Oregon, RFP # S-40400-00011842. The Proposer is requesting that certain information within their Proposal be exempt from public disclosure under Oregon's Public Records Law and the Uniform Trade Secrets Act. The Proposer has identified specific information, as detailed in Exhibit A, that it considers to be trade secrets or confidential commercial information that could provide a competitive advantage if disclosed. The Proposer affirms that this information is not patented, is known only to certain individuals within the organization, has commercial value, and is the subject of reasonable efforts to maintain its secrecy.
The Proposer acknowledges that the final determination regarding the exemption of this information from public disclosure will be made by the appropriate officials or the courts in accordance with the Public Records Law. The Proposer has provided this Disclosure Exemption Certificate to formally request the protection of this confidential information as part of their response to the State of Oregon's RFP.
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ATTACHMENT B: DISCLOSURE EXEMPTION CERTIFICATE
| ____________________ | (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 | Proposals |
| 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 | State | of | Oregon | (State) | in | response | to | Request | for | |
| Proposals | # | [insert | proposal | number], | 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: |
| i. A | formula, | plan, | pattern, | process, | tool, | mechanism, | compound, | procedure, |
| production | data, | or | compilation | of | information | that: |
a. is not patented,
| b. is | known | only | to | certain | individuals | within | the | Proposer’s | ||
| organization | and | that | is | used | in | a | business | the | Proposer | conducts, |
c. has actual or potential commercial value, and
| d. gives | its | user | an | opportunity | to | obtain | a | business | advantage | over |
| competitors | who | do | not | know | or | use | it. |
or
| ii. Information, | including | a | drawing, | cost | data, | customer | list, | formula, | pattern, |
| compilation, | program, | device, | method, | technique, | or | process | that: |
| a. 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 |
| b. 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).
Notary Public for the State of _________________
My Commission expires: _________________
| Exhibit | A | to | RFP | Attachment | B | ||||||
| Proposer | identifies | the | following | information | as | exempt | from | public | disclosure | under | the |
| following | designated | exemption(s): |
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