R4F

F. Contracts, proposals and bids.

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.

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.

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).

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.

Open. Contracts made by any government agency involving an expenditure of public funds are open to inspection as public records under the Open Records Act. Freedom Newspapers Inc. v. Denver & Rio Grande Western R.R., 731 P.2d 740 (Colo. App. 1986).  After a contract has been let, the bidding documents, of successful and unsuccessful bidders, are subject to inspection.  See International Bhd. of Elec. Workers Local 68 v. Denver Metro. Major League Baseball Stadium Dist., 880 P.2d 160 (Colo. App. 1994); Denver Post v. Stapleton Dev. Corp., 19 P.3d 36 (Colo. App.

F. Contracts, proposals and bids.

Bids and proposals are not available until after bids have been opened or time for receipt of bids has expired. G.L. c. 4, § 7, cl. 26(h). Fiscal statements filed by governmental contractors are normally not available. See G.L. c. 30, § 39R(f).  Certain contracts for hospital or related health care services, if between a government-operated medical facility and another entity specifically described in the Public Records Law, may be withheld pursuant to exemption (m).  G.L. c. 4, § 26(m).

F. Contracts, proposals and bids.

Contracts, proposals and bids are all generally open, except in cases of sealed bid contracts where the sealed bids have not been opened. ORS 279.027 describes when a sealed bid is available for public inspection.

F. Contracts, proposals and bids.

See Conn. Gen. Stat. §1-210(b)(7) as discussed above in Records Outline at II.A.2.g.

FOIA states that disclosure is required of the "names of firms obtaining bid documents from any state agency." Conn. Gen. Stat. §1-210(d)(3).

FOIA also states that "[a]ny contract of employment to which the state or a political subdivision of the state is a party shall be deemed to be a public record . . . ." Conn. Gen. Stat. §1-214(a).