S-10000-00015195 - AttB - Disclosure Exemption.pdf
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- Solicitation number
- S-10000-00015195
- Issued by
- Marion County, Oregon
About this file
This is an Affidavit of Disclosure Exemption for Request for Proposals S-10000-00015195 submitted to the State of Oregon's Department of Administrative Services for a Degree Verification Service contract. The affidavit serves as a formal declaration by an authorized representative of a proposer asserting that specific information contained within their proposal submission qualifies for exemption from public disclosure under Oregon's Public Records Law (ORS 192.311-192.478) and the Uniform Trade Secrets Act (ORS 646.461-646.475). The affiant confirms familiarity with the RFP requirements and proposal contents, and identifies information claimed as exempt through a referenced Exhibit A, which is incorporated into the document as the list of materials the proposer believes should be withheld from public access.
The exemption claims are based on two primary grounds: information meeting the definition of trade secrets under state law, including formulas, processes, production data, or compilations of information not patented and known only to certain organizational members that provide competitive business advantage; and information that derives independent economic value from not being generally known and is subject to reasonable protective measures by the proposer. The affidavit acknowledges that final determination of disclosure exemption eligibility may ultimately depend on official or judicial review in accordance with Oregon's Public Records Law. This document requires notarization and signature from the authorized affiant before submission with the proposal.
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Text version
RFP S-10000-00015195 – Degree Verification Service Att B
DAS Procurement Services, Version 4.0 – March 25, 2018 Page 1 of 3
ATTACHMENT B — DISCLOSURE EXEMPTION AFFIDAVIT
____________________ (Affiant), being first duly sworn under oath, and representing ___________________ (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 _________________________ (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals S-10000- 00015195, 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:
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
DAS Procurement Services, Version 4.0 – March 25, 2018 Page 2 of 3
ii. 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: _________
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):
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