OAR 731-070-0290
Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets

(1)

The following procedure shall be followed by proposers to designate information as “sensitive business, commercial or financial information” under ORS 367.804 (Goals of Oregon Innovative Partnerships Program)(6): each individual page of a proposal that contains sensitive business, commercial or financial information must be clearly marked “Sensitive Business, Commercial or Financial Information.”

(2)

A proposer may desire that certain information be considered “trade secret” information for purposes of applying the public records exemption set out in ORS 192.501(2). To qualify for that exemption, trade secret information must meet the following criteria:

(a)

Not the subject of a patent;

(b)

Only known to a limited number of individuals within an organization;

(c)

Used in a business that the organization conducts;

(d)

Of potential or actual commercial value; and

(e)

Capable of providing the user with a business advantage over competitors not having the information.

(3)

The following procedures shall be followed by the proposer to designate information as trade secret:

(a)

Each individual page of a plan or progress report that contains trade secret information must be clearly marked trade secret;

(b)

Written substantiation describing what information is considered trade secret and why must accompany the document. The written substantiation shall address the following:

(A)

Identify which portions of information are claimed trade secret;

(B)

Identify how long confidential treatment is desired for this information;

(C)

Identify any pertinent patent information;

(D)

Describe to what extent the information has been disclosed to others, who knows about the information, and what measures have been taken to guard against undesired disclosure of the information to others;

(E)

Describe the nature of the use of the information in business;

(F)

Describe why the information is considered to be commercially valuable;

(G)

Describe how the information provides a business advantage over competitors;

(H)

If any of the information has been provided to other government agencies, identify which one(s); and

(I)

Include any other information that supports a claim of trade secret.

(4)

Notwithstanding a proposer’s designation of information as constituting “trade secret,” and subject to a proposer’s opportunity to object to disclosure under OAR 731-070-0280 (Public Records Requests), ODOT will independently assess whether the trade secret exemption applies and whether the public interest requires disclosure when responding to a public records request.

Source: Rule 731-070-0290 — Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-070-0290.

731–070–0005
Purpose and Intent of the Oregon Innovative Partnerships Program 731–070–0010
Definitions for the Oregon Innovative Partnerships Program 731–070–0020
General Selection Policies 731–070–0040
Protection of ODOT from Proposer “Monopolization” of Site Claims 731–070–0042
Solicitation of Proposals for OIPP Projects 731–070–0044
Negotiations 731–070–0046
Solicitation Documents 731–070–0048
Public Notice of Solicitation 731–070–0050
Submission of Unsolicited Proposals for OIPP Projects 731–070–0055
Fees to Accompany Unsolicited Proposals 731–070–0060
Contents and Format of Detailed or Competing Proposals 731–070–0080
Additional Proposer Organizational Disclosure Requirements 731–070–0110
Initial Review of Unsolicited Proposals 731–070–0120
Commission Preliminary Review of Unsolicited Proposals 731–070–0130
Competing Proposals 731–070–0140
Evaluation of Unsolicited and Competing Proposals 731–070–0160
Use of a Process that Permits ODOT Feedback and Ability of Proponents to Supplement or Refine Proposals after Initial Submission 731–070–0170
Commission Review and Selection of Proposals 731–070–0180
Protests of Rejection of Proposal/Award of Contract to Competitor in Competing Proposals Context 731–070–0200
Negotiation of Agreements for Transportation Projects 731–070–0210
ODOT Objection to Subcontractors 731–070–0220
Legal Sufficiency Review of Final Agreement 731–070–0230
Commission Review of Final Agreement 731–070–0280
Public Records Requests 731–070–0290
Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets 731–070–0295
Consultation with Local Government, Metropolitan Planning Organization or Area Commission on Transportation 731–070–0300
ODOT Rights Reserved 731–070–0310
Extensions of Time: Waivers 731–070–0320
ODOT’s Authority to Suspend, by “Order,” the Acceptance of Specified Categories of Unsolicited Proposals 731–070–0330
ODOT’s Authority to Prioritize the Processing of Submitted Proposals in Accordance with ODOT’s Assessment of Need and Urgency. 731–070–0350
Discretionary Order Requiring the Prequalification of Proposers — Detailed Unsolicited or Competing Proposals
Last Updated

Jun. 8, 2021

Rule 731-070-0290’s source at or​.us