S-10000-00015907 Attachment G - Disclosure Exemption Affidavit.pdf

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Attached to
RFP for Mobile Child-Caring Agency (CCA) Services
Solicitation number
S-10000-00015907
Issued by
Oregon

About this file

This is a Disclosure Exemption Affidavit for Bid Solicitation S-10000-00015907, issued by the State of Oregon's Department of Human Services (ODHS) in partnership with the Department of Administrative Services (DAS) Procurement Services. The affidavit is a required submission document for the RFP for Mobile Child-Caring Agency (CCA) Services, which seeks contractors to establish a mobile CCA program providing supervision and temporary lodging support for children and young adults ages 5 through 20 who are in ODHS care and custody. The document serves as a template that allows proposers to designate specific information within their proposals as exempt from public disclosure under Oregon's Public Records Law.

The affidavit requires an authorized proposer employee to certify under oath that designated information qualifies as trade secrets or confidential business information protected under Oregon Revised Statutes 192.311 through 192.478 or the Uniform Trade Secrets Act (ORS 646.461 through 646.475). Proposers must identify exempt information in Exhibit A and justify the exemption by demonstrating that the information constitutes either a formula, plan, process, or compilation known only within the organization that provides competitive business advantage, or information deriving independent economic value from not being publicly known and subject to reasonable secrecy efforts. The affidavit acknowledges that final disclosure determinations may require official or judicial review in accordance with Oregon's Public Records Law.

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Bid Solicitation S-10000-00015907 – Mobile Child-Caring Agency (“CCA”) Program Attachment G

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ATTACHMENT G — 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:

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 [insert date] _________________________ (the “Proposal”), to the State of Oregon (“State”) in response to Request for Proposals S-10000-00015907, for a Mobile Child-Caring Agency (“CCA”) Program, 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:

(6222-0) v1 Attach G / l.thomas 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 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 G

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 .