S-10000-00013620-0 Attachment D.pdf
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- Solicitation number
- S-10000-00013620
- Issued by
- Oregon
About this file
This is a Disclosure Exemption Affidavit attachment to Request for Applications S-10000-00013620 issued by the State of Oregon for Qualified Residential Treatment Program services for ages 10 to 18. The affidavit serves as a standardized form through which applicants can designate specific information contained in their applications 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 applicant organization to attest under oath that they have reviewed the application materials and identified information they believe qualifies for exemption from public disclosure.
The affidavit permits applicants to claim exemptions for information meeting the definition of trade secrets, including formulas, plans, patterns, processes, production data, or compilations of information that are not patented, known only to certain individuals within the organization, possess actual or potential commercial value, and provide competitive business advantage. Alternatively, applicants may claim exemption for information that derives independent economic value from not being generally known to the public and is subject to reasonable efforts by the applicant to maintain secrecy. The affidavit requires notarization and incorporation of a detailed Exhibit A identifying the specific information claimed as exempt, with the understanding that final determination of exemption status may require official or judicial review in accordance with Oregon Public Records Law.
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Text version
RFA Bid Solicitation S-10000-00013620 Attachment D Qualified Residential Treatment Program ages 10 to 18
S-10000-00013620 – (6064) v1 / l.thomas Page 1 of 3 DAS Procurement Services, Version 4.0 – December 21, 2018
ATTACHMENT D
DISCLOSURE EXEMPTION AFFIDAVIT
[Insert name] _____________________________________ (“Affiant”), being first duly sworn under oath, and representing [insert Applicants Name] _________________________________________ (hereafter “Applicant”), hereby deposes and swears or affirms under penalty of perjury that:
1. I am an employee of the Applicant, I have knowledge of the Request for Applications referenced herein, and I have full authority from the Applicant to submit this affidavit and accept the responsibilities stated herein.
2. I am aware that the Applicant has submitted an Application, dated on or about [insert date] ___________________ (the “Application”), to the State of Oregon (“State”) in response to Request for Applications S-10000-00013620 for Qualified Residential Treatment Program services, and I am familiar with the contents of the RFA and Application.
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 Application 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 Application. The Applicant believes the information listed in Exhibit A to this form 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 Applicant’s organization and that is used in a business the Applicant 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
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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 Applicant 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: ___________________________
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EXHIBIT A TO ATTACHMENT D
Applicant identifies the following information as exempt from public disclosure under the following designated exemption(s):
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