Open Government Guide

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Open Records

   IV. RECORD CATEGORIES -- OPEN OR CLOSED

      D. Contracts, proposals and bids.


Contracts are public. See, e.g., San Gabriel Valley Tribune v. Superior Court, 143 Cal. App. 3d 762, 192 Cal. Rptr. 415 (1983); but see STI Outdoor v. Superior Court, 91 Cal. App. 4th 334, 341, 109 Cal. Rptr. 2d 865 (2001)(holding attorney-client privilege in legal memorandum and transmittal letter disclosed to successful bidder where disclosure was reasonably necessary to further interests of both parties in finalizing negotiations does not waive privilege). Whether proposals or bids are public before negotiations have concluded with successful bidder is an issue that, as of January 1, 2006, is pending review before the California Supreme Court. See Michaelis, Montanari & Johnson, 127 Cal. App. 4th 1298, review granted, 26 Cal. Rptr. 3d 265 (2005).




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