Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services
- • treatment of trade secrets and confidential information
(1) Notwithstanding the public records law, ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), if a contracting agency solicits a contract for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services by a competitive proposal:
(a) The contracting agency may open proposals so as to avoid disclosing contents to competing proposers during, when applicable, the process of negotiation.
(b) The contracting agency need not open proposals for public inspection until after the contracting agency executes a contract.
(2) Notwithstanding any requirement to open proposals to public inspection after the contracting agency executes a contract, a contracting agency shall withhold from disclosure to the public trade secrets, as defined in ORS 192.345 (Public records conditionally exempt from disclosure), and information submitted to a public body in confidence, as described in ORS 192.355 (Public records exempt from disclosure), that are contained in a proposal. Opening a proposal at a public meeting, as defined in ORS 192.610 (Definitions for ORS 192.610 to 192.690), does not make the contents of the proposal subject to disclosure, regardless of whether the public body that opens the proposal 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 shall, subject to ORS 192.345 (Public records conditionally exempt from disclosure) and 192.355 (Public records exempt from disclosure), return a proposal and all copies of the 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; 2011 c.458 §3]
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