Public disclosure of contents of proposals for architectural, engineering or land surveying services
- • treatment of trade secrets and confidential information
(1) Notwithstanding the public records law, ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated), if a contracting agency solicits a contract for architectural, engineering or land surveying services or related services by a competitive proposal:
(a) Proposals may be opened so as to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation.
(b) Proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued.
(2) Notwithstanding any requirement to make proposals open to public inspection after the contracting agency’s issuance of notice of intent to award a contract, a contracting agency may withhold from disclosure to the public trade secrets, as defined in ORS 192.501 (Public records conditionally exempt from disclosure), and information submitted to a public body in confidence, as described in ORS 192.502 (Other public records exempt from disclosure), that are contained in a proposal. The fact that proposals are opened at a public meeting as defined in ORS 192.610 (Definitions for ORS 192.610 to 192.690) does not make their contents subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. If a request for proposals is canceled after proposals are received, the contracting agency may return a proposal to the proposer that made the proposal. The contracting agency shall keep a list of returned proposals in the file for the solicitation. [2007 c.764 §41]
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