R4F

F. Contracts, proposals and bids.

F. Contracts, proposals and bids.

Public contracts are open. SDCL § 1-27-4.1. Proposals and bids should also be open, in the absence of a specific exemption or exclusion. See SDCL § 5-18, generally, regarding bidding process. 

F. Contracts, proposals and bids.

Fla. Stat. section 119.07(3)(m) (1995) provides that sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from disclosure until such time as the bids or proposals are opened. However, submissions which are not technically “bids” may be subject to inspection. See Op. Att’y Gen. Fla. 74-245 (1974) (developer’s plan submitted to flood control district for review and recommendation is a public record subject to inspection).

F. Contracts, proposals and bids.

Most contracts with a public governmental body are subject to disclosure. However, access to specifications for competitor bidding and sealed bids and related documents is restricted under Mo.Rev.Stat. §  610.021(11), (12).

F. Contracts, proposals and bids.

Generally closed. See T.C.A. § 12-3-202.

F. Contracts, proposals and bids.

The Act does not exempt contracts. However, where a state or local agency is involved in the acquisition of real property, "engineers' cost estimates and pending, rejected or deferred bids or proposals" are exempt until the final award of the contract is made or the project is terminated. O.C.G.A. § 50-18-72(a)(6)(B).

F. Contracts, proposals and bids.

Open. See Great Falls Tribune Co. Inc. v. Day, 959 P.2d 508 (1998).

F. Contracts, proposals and bids.

All contracts dealing with the receipt or expenditure of a governmental body's funds are specifically made public unless "otherwise made confidential by law." § 552.022(3). The general terms of a contract with the government cannot be withheld under the Act unless the government meets a heightened burden of showing that a particular exception applies. Tex. Att'y Gen. ORD-514 (1988). Two exceptions frequently claimed deal with harm to the government's position with competitors or bidders and trade secrets. § § 552.104; 552.110.

F. Contracts, proposals and bids.

Agencies need to make available for public inspection and duplication "government purchasing information including all bid results except to the extent prohibited by section 92F-13." Haw. Rev. Stat. § 92F-12(a)(3); compare Public Inspection of Gov't Contract Lump Sum Bid Price Components, OIP Op. Ltr. No. 90-15 (Apr. 9, 1990) (refusing to protect from disclosure to low bidder and public information on component prices contained in unsuccessful bids) with Nordic/PCL's Subcontracts for the Convention Center, OIP Op. Ltr. No. 97-4 (Apr.

F. Contracts, proposals and bids.

"Appraisals or appraisal information and negotiation records, concerning the purchase or sale, by a public body, of any interest in real or personal property, prior to completion of the purchase or sale" are exempt from disclosure.

F. Contracts, proposals and bids.

1. Documentation of compensation that a government entity pays to a contractor or private provider is generally public. See Utah Code Ann. § 63G-2-301(2)(j).

2. Contracts entered into by a government entity are “normally public.” Id. § 63G-2-301(3)(d).