R4F

F. Contracts, proposals and bids.

F. Contracts, proposals and bids.

Open except to the extent that they contain otherwise non-public information. See Op. Att'y Gen. 95-7 (management contract entered into by and between hospital and a hospital management firm is subject to Public Records Act, except for portions which would reveal the marketing strategy or strategic plan of the hospital, as prohibited by La. Rev. Stat. Ann. § 46:1073); See also Ops. Att'y Gen. 92-698, 89-550, 89-598 and 83-493 (all indicating that proprietary and financial information of private persons and companies is exempt from disclosure).

F. Contracts, proposals and bids.

Bids or proposals received by a public entity in response to a request for proposals by the public entity are exempt until all of the proposals have been received and opened by the public entity or until all oral presentations regarding the proposals, if any, have been heard by the public entity. N.D.C.C. § 44-04-18.4. Records included with any bid or proposal naming and generally describing the entity submitting the proposal are open. N.D.C.C. § 44-04-18.4.

F. Contracts, proposals and bids.

Contracts, proposals and bids are usually only confidential until a contract is awarded, unless the bidder designates and the state concurs that trade secrets or other proprietary data must remain confidential. See A.R.S. §34-603(H) (procurement of professional services); A.R.S. § 28-7366(G) (construction services); A.R.S. § 28-7367(G) (multiple contracts for construction services); A.R.S. § 41-2533(D) (procurement project bids); A.R.S. § 41-2534(D) (procurement project proposals); see also A.R.S.

F. Contracts, proposals and bids.

All contracts of public agencies, state and local, are public records from the time of execution or opening of the bids. Bids for public contracts are public records after the letting of the contract. 5 M.R.S.A. § § 1825-B(6), 1825-D.  Sealed proposals submitted for competitive bidding shall remain sealed until the time and place specified in the advertisement for the bids. 5 M.R.S.A. § 1745 (“Sealed proposals for any public improvements . . . shall remain sealed until opened at the time and place stated in the advertisement or as the Governor may direct.”).

F. Contracts, proposals and bids.

Competitive bids are open for public inspection and copying when unsealed in accordance with the notice given to the bidders. Ohio Rev. Code § 735.06; State ex rel. Seballos v. School Employees Retirement Sys., No. 93AP-809, unreported (Franklin App. 1994).

F. Contracts, proposals and bids.

By statute, any contract between a state agency and any entity “shall be deemed a public record.” Ark. Code Ann. § 25-18-501. It is not clear whether the legislature intended that such contracts be open to public inspection or that they simply be included within the definition of “public record” that appears in the FOIA. See Ark. Code Ann. § 25-19-103(5)(A). The former seems most likely, since the definition of “public record” is broad enough to cover such contracts.

F. Contracts, proposals and bids.

This information ordinarily falls under the confidential commercial or financial information exemption of the PIA, which is substantially similar to the federal exemption under the FOIA. As such, the records are generally closed pursuant to § 10-617(d). Also, inspections shall be denied where the records sought contain information generated by the bid analysis management system and concerns an investigation based on a transportation contractor's suspected collusive or anticompetitive activity. § 10-617(i). See also II.A.2(2)(c).

F. Contracts, proposals and bids.

Confidential to the extent that disclosure would give an unfair advantage to competitors or bidders. 51 O.S. § 24A.10. Taped conversations made in connection with the bidding process between the State Treasurer and outside securities firms are subject to the act. 1993 OK AG 2.

F. Contracts, proposals and bids.

Contracts are public.  Competitive proposals, while decided on a case-by-case basis, are arguably exempt under Section 6255’s public interest balancing test during the negotiation process but must be made public prior to final acceptance by the public agency to afford public input in the selection process. Michaelis, Montanari & Johnson v. Superior Court, 38 Cal.4th 1065, 1073, 44 Cal. Rptr. 3d 663, 136 P.3d 194 (2006).