S-DASOBO-00017622 DPSST LMS RFP Attachment B -Disclosure Exemption Certification.docx
DOCX document 36 KB Posted
- Attached to
- RFP: DPSST Learning Management Solution
- Solicitation number
- S-DASOBO-00017622
- Issued by
- Oregon
About this file
This is a Disclosure Exemption Certification attachment for the State of Oregon Department of Public Safety Standards and Training (DPSST) Learning Management Solution Request for Proposals. The document serves as a sworn affidavit through which proposers certify that certain information contained in their proposals qualifies for exemption from public disclosure under Oregon's Public Records Law and the Uniform Trade Secrets Act. The certification requires an authorized company representative to identify and justify which proposal materials should be protected from public release, with such information detailed in an accompanying Exhibit A. The RFP seeks to replace DPSST's legacy systems with a GovRAMP/FedRAMP-certified Learning Management Solution by 2027 to modernize statewide public safety training, centralize records, automate processes, and support training for over 50,000 constituents.
Proposers utilizing this attachment must designate specific information as trade secrets or otherwise exempt information and document the legal basis for such exemptions in Exhibit A. Information may be protected if it constitutes a formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation known only within the proposer's organization that provides competitive advantage, or if it derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy. The certification affirms that the proposer understands disclosure determinations may ultimately be made through official or judicial proceedings in accordance with applicable public records law, and the affiant accepts responsibility for the accuracy and validity of claimed exemptions.
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ATTACHMENT B — disclosure exemption CERTIFICATION ____________________ (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 [insert RFP #], for [insert description of RFP], 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
S-DASOBO-00017622 DPSST LMS RFP
| RFP [###-####-##] – [RFP title] | Page 1 of 3 |
| DAS 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 .