RFP S-63500-00013532 Attachment B - Dis Exempt Affidavit.pdf
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- Attached to
- Bighorn Sheep GPS Satellite Collars
- Solicitation number
- S-63500-00013532
- Issued by
- Wasco County, Oregon
About this file
This is a Disclosure Exemption Affidavit for RFP S-63500-00013532 issued by the Oregon Department of Fish and Wildlife through the state procurement system OregonBuys. The affidavit serves as a template document that offerors must complete and submit to identify information they claim is exempt from public disclosure under Oregon's Public Records Law and the Uniform Trade Secrets Act. The affidavit requires an authorized representative of the offeror to swear under oath that they have reviewed the procurement materials and identified specific information within their proposal that qualifies for exemption from public disclosure. Offerors must complete Exhibit A to list the particular information they claim is exempt and designate the specific statutory sections under which the exemption applies. The document references the broader intermediate procurement for Bighorn Sheep GPS Satellite Collars but does not specify proposal due dates, contract terms, or project deliverables within the affidavit itself.
The Disclosure Exemption Affidavit establishes the legal framework through which offerors can protect proprietary information, trade secrets, formulas, production data, customer lists, and other competitively sensitive business information from public disclosure. Information qualifies for exemption if it constitutes a trade secret that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy, or if it is a formula, plan, process, or compilation of information known only to certain individuals within the organization that provides a competitive business advantage. The affidavit must be notarized and signed before a notary public. Offerors should note that actual disclosure of claimed exempt information may ultimately depend on official or judicial determinations made in accordance with Oregon's Public Records Law, meaning exemption claims are not automatically guaranteed and may be subject to challenge or legal review.
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Text version
OregonBuys RFP S-63500-00013532: Bighorn Sheep GPS Satellite Collars Attachment B
DAS Procurement Services, Version 1.0 – August 16, 2021 (ODFW update 4/21/22) Page 1 of 3
ATTACHMENT B
DISCLOSURE EXEMPTION AFFIDAVIT
____________________ (Affiant), being first duly sworn under oath, and representing [insert Offeror Name] (hereafter “Offeror”), hereby deposes and swears or affirms under penalty of perjury that:
1. I am an employee of the Offeror, I have knowledge of the Intermediate Procurement referenced herein, and I have full authority from the Offeror to submit this affidavit and accept the responsibilities stated herein.
2. I am aware that the Offeror has submitted an Offer, dated on or about [insert date] (the “Offer”), to the State of Oregon (State) in response to Intermediate Procurement S-63500-00013532 for Bighorn Sheep GPS Satellite Collars and I am familiar with the contents of the Intermediate Procurement and Offer.
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 Offer 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 Offer. The Offeror 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. 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 Offeror’s organization and that is used in a business the Offeror 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 1.0 – August 16, 2021 (ODFW update 4/21/22) 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 Offeror 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: _________
DAS Procurement Services, Version 1.0 – August 16, 2021 (ODFW update 4/21/22) Page 3 of 3
EXHIBIT A TO ATTACHMENT B
Offeror 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 .