R4F

F. Contracts, proposals and bids.

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.

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.

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).