R4F

F. Contracts, proposals and bids.

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).

F. Contracts, proposals and bids.

A public body need not disclose a bid or proposal to enter into a contract or agreement "until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired." Mich. Comp. Laws Ann. § 15.243(1)(i); see also Nicita v. City of Detroit, 194 Mich. App. 657, 487 N.W.2d 814, 819 (1992) (exemption applies only to a competitive bidding process where bids are solicited but not to unsolicited bids).

F. Contracts, proposals and bids.

The Act specifically states that “contracts” are public records unless subject to an exemption. Sections 301-303 (requiring access to public records); 102 (definition of “public record” and “financial record”). This requirement is virtually identical to the old act. See, e.g., Dep’t of Conservation and Nat. Res. v. Office of Open Records, 1 A.3d 929, 940-41 (Pa. Commw. Ct. 2010) (approvingly citing interpretations of the “contracts” language in the old Act); Envirotest Partners v. Commonwealth Dep’t of Transp., 664 A.2d 208, 212 (Pa. Commw. Ct.

F. Contracts, proposals and bids.

Contracts, proposals and bids are not exempt. 29 Del. C. § 6907. See also Del. Op. Att'y Gen., No. 77-037 (Dec. 28, 1977); Del. Op. Att'y Gen., No. 05-ib13 (May 9, 2005).

F. Contracts, proposals and bids.

1. Sealed bids are private data prior to the opening of bids. § 13.37, subd. 2, as are estimates for highway construction projects. § 13.72, subd. 1.

2. If the federal government requires, a state agency under contract of the federal government must keep government data private. § 13.35.

F. Contracts, proposals and bids.

No specific exemption. Partially within the scope of Exemption (N), which includes "real estate appraisals, engineering or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned”. See R.I. Gen. Laws § 38-2-2(4)(i)(N). For documents of this type which are deemed public, the restriction in R.I. Gen.

F. Contracts, proposals and bids.

Information in or taken from any contract dealing with the receipt or expenditure of public or other funds by public bodies must be disclosed in accordance with D.C. Code Ann. § 2-536(a)(6). In other instances, the financial information and trade secret exemption, D.C. Code Ann. § 2-534(a), may come into play. Shaw Coalition Redevelopment Corp. v. Office of the Assistant City Adm'r for Econ. Dev., FOIA App. No. 90-20 (Office of the Mayor, July 17, 1994).