R4F

F. Contracts, proposals and bids.

F. Contracts, proposals and bids.

Public contracts are subject to disclosure under the Freedom of Information Act and, in 4-H Road Community Association v. WVU Foundation, supra, the Supreme Court observed that leases between West Virginia University and other parties were public documents subject to disclosure by the University under the FOIA.

F. Contracts, proposals and bids.

Documents relating to the award of public contracts in Alabama — whether by the state, county, municipality or a public corporation, and whether the contracts are required to be bid or not — are open to public inspection. See, e.g., Ala. Code § 9-15-78(a) (2001) (sale or lease of public lands); Ala. Code §  9-14-22(b) (2001) (all documents pertaining to award of contracts for concessions at state parks); and Ala. Code §§ 41-16-24(b), -54(b), -57(d) (Supp. 2010); 200 Op. Att'y Gen. Ala. 23 (Aug. 19, 1985) (Medicaid fiscal agent contract); 227 Op. Att'y Gen. Ala.

F. Contracts, proposals and bids.

The following are exempt from disclosure: plans, designs, drawings or specifications which are the property of a private person (K.S.A. 45-221(a)(18)); specifications for competitive bidding (K.S.A. 45-221(a)(27)); sealed bids and related documents (K.S.A. 45-221(a)(28)); the bidder's list of contractors (K.S.A. 45-221(a)(32)); and engineering and architectural estimates made by or for any public agency relative to public improvements (K.S.A. 45-221(a)(33)).

F. Contracts, proposals and bids.

An agency may deny access to records or portions thereof if disclosure would impair present or imminent contract awards. N.Y. Pub. Off. Law §  87(2)(c) (McKinney 1988).

F. Contracts, proposals and bids.

The competitive bidding statute, G.S. § 143-52, provides that every bid or proposal which is submitted to the state and which "conforms to the terms of the invitation" shall become a matter of public record and shall, following the award of the contract, "be open to public inspection." However, "trade secrets, test data and similar proprietary information" included in a bid or proposal may remain confidential.

F. Contracts, proposals and bids.

Contracts, proposals and bids may be closed for so long as competitive or bargaining reasons require. Cf. Wis. Stat. § 19.85(1)(e), § 19.35(1)(a).

F. Contracts, proposals and bids.

The State Procurement Code provides that procurement information is public except as otherwise provided by law, AS 36.30.050, and provides instructions concerning the confidentiality of certain data and documents submitted in connection with bids, as well as provisions governing the timing of release of information submitted in connection with bids and proposals, AS 36.30.040(b)(6), AS 36.30.140, AS 36.30.240, information that a bidder or offeror may be required to supply to show that it qualifies as a "responsible bidder." AS 36.30.360.

F. Contracts, proposals and bids.

Material, correspondence and transactions relating to bidding on a contract with a public agency are open to public inspection once the bids are open. See 92-32; 84-254.

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.