Trade Secret Status Affidavit

Aug 31, 2026

Trade Secret Status Affidavit for Georgia state procurement matters, used when an entity submits records for a request for proposal, quote, or qualified contractor and seeks confidential treatment under the Georgia Open Records Act. The affidavit affirms that specified information qualifies as a trade secret under O.C.G.A. § 10-1-761(4) by describing the nature of the information, its economic value, and reasonable efforts to maintain secrecy. It includes a perjury acknowledgement, signature fields, and notary acknowledgement for submission with the supplier’s response.

LanguageEnglish

CategoryForms

FormatDOCX

Pages2

Reading Time1 min

AccessFree to download

Trade Secret Status Affidavit

Georgia Open Records Act confidentiality basis

Trade secret definition and required declarations

Protected information designation and perjury acknowledgement

Signature and notary public acknowledgement

[SAMPLE TEMPLATE ONLY] Highlighted portions should be completed or deleted (as applicable) by affiant. Use of template does not establish that all requirements set forth under the Georgia Open Records Act are satisfied. Please seek independent legal advice prior to use. TRADE SECRET STATUS AFFIDAVIT STATE OF GEORGIA REQUEST FOR PROPOSAL, REQUEST FOR QUOTE, or REQUEST FOR QUALIFIED CONTRACTOR (INSERT SOLICITATION NUMBER AND TITLE) All documents, data, letters and generated information received by the State constitutes a “public record” and is subject to disclosure under the Georgia Open Records Act ("GORA"). O.C.G.A. § 50-18-70 et seq. However, pursuant to O.C.G.A. § 50-18-72(a)(34), "[an] entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].” O.C.G.A. § 10-1-761(4) defines “Trade secret" as “…information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information: Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” Therefore, the records listed below and attached hereto, that were submitted with _____(Supplier’s Name)______ response to the State of Georgia Request for Proposal, Request for Quote, or Request for Qualified Contractor [NUMBER AND TITLE] are marked confidential pursuant to O.C.G.A. § 10-1-761(4): (List specific information that the supplier wishes to withhold and how that information constitutes a trade secret) Additional trade secret information requested to be withheld Additional trade secret information requested to be withheld Under penalty of perjury, acknowledging that O.C.G.A. §16-10-71 provides a penalty of a fine of up to $1,000 and potential imprisonment of one to five years, I attest that the specific information in the records listed above constitutes trade secrets pursuant to O.C.G.A. § 10-1-761(4), and request that the State of Georgia not disclose this protected information under the Georgia Open Records Act ("GORA"). Signature: ________________________________ ________________________________ [Signatory Name in Print] ________________________________ [Signatory’s Title] _______________________________ [Company Name] Date: ___________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS ______ DAY OF _____________, 202x. __________________________________ NOTARY PUBLIC My Commission Expires: ______________

FAQs

When is this Trade Secret Status Affidavit used in Georgia procurement?

It is used when responding to a Georgia request for proposal, request for quote, or request for qualified contractor and the submitter wants certain records kept confidential under the Georgia Open Records Act.

What legal definition of a trade secret does the affidavit reference?

It references the definition in O.C.G.A. § 10-1-761(4), requiring that the information not be generally known or readily ascertainable, provide economic value from that secrecy, and be the subject of reasonable efforts to maintain confidentiality.

What information must be provided in the affidavit to support confidentiality?

The submitter must list the specific information it wishes to withhold and explain how that information constitutes a trade secret, including any additional trade secret information requested to be withheld.

What acknowledgements and signatures are required?

The signer must attest under penalty of perjury and provide signature, printed name, title, company name, and date, followed by a notary public subscription and commission expiration information.

Aug 31, 2026

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