RFPAttB - Disclosure Exemption Declaration.pdf

RFP S-62900-00015030 – Southwest Tiller Fuel Break GNA Project Att B

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 1 of 3

ATTACHMENT B — DISCLOSURE EXEMPTION

DECLARATION

The undersigned hereby declares that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals (RFP) referenced herein, and I have full authority from the Proposer to submit this declaration 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 S-62900- 00015030, for the Southwest Tiller Fuel Break GNA Project, 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:

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:

DAS Procurement Services, Version 4.0 – March 25, 2018 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 Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that the State may be required to disclose the information referenced in Exhibit A if so ordered by the Attorney General or a Circuit Court determination made in accordance with the Public Records Law.

Proposer Signature

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 3 of 3

EXHIBIT A TO ATTACHMENT B

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):