RFPAttB_disclosure exemption AFFIDAVIT DOJ APPROVED.docx
DOCX document 37 KB Posted
- Attached to
- Pressure Washing Services State Owned Buildings
- Solicitation number
- S-10700-00016058
- Issued by
- Oregon
About this file
This is a disclosure exemption affidavit template used by the State of Oregon, Department of Administrative Services (DAS), State Procurement Services, for Request for Proposals S-10700-00015314 for Pressure Washing Services - State Owned Buildings. The affidavit serves as a formal legal document through which proposers can identify and claim specific information within their proposals as exempt from public disclosure under Oregon's Public Records Law (ORS 192.311 through 192.478) and the Uniform Trade Secrets Act (ORS 646.461 through 646.475). The document requires an authorized employee of the proposer to swear under oath that they have reviewed the proposal contents and identified information deemed exempt from disclosure, which must be listed in Exhibit A of the affidavit.
The affidavit allows proposers to protect information meeting the definition of "Trade Secrets," including formulas, plans, patterns, processes, tools, mechanisms, compounds, procedures, production data, compilations of information, drawings, cost data, customer lists, programs, devices, methods, techniques, or other proprietary information that derives independent economic value from not being generally known to the public and is subject to reasonable efforts by the proposer to maintain its secrecy. The document must be notarized and signed by the affiant, with the specific exemption sections and supporting justification documented in Exhibit A. The affidavit template is version 4.0 from March 25, 2018, and disclosure of identified information remains subject to official or judicial determination in accordance with applicable public records law.
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ATTACHMENT B — disclosure exemption AFFIDAVIT ____________________ (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:
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.
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 S-10700-00015314 Pressure Washing Services – State Owned Buildings, and I am familiar with the contents of the RFP and Proposal.
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.
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:
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 Proposer’s organization and that is used in a business the Proposer 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:
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 Proposer 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 _________________ RFP S-10700-00015314 Pressure Washing Services – State Owned Buildings Att B
My Commission Expires: _________
| RFP [###-####-##] – [RFP title] | Page 1 of 3 |
| DAS State Procurement Services, Version 4.0 – March 25, 2018 | Page 1 of 3 |
EXHIBIT A TO ATTACHMENT B
Proposer 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 .