09-02Posted on Sep 9, 2009 in Formal Opinions
Opinion Letter No. 09-02
September 9, 2009
Protests Filed on Requests for Proposals
OIP was asked whether the State Procurement Office (SPO) properly denied a request for disclosure of protests alleging legal deficiencies in a Request for Proposals (RFP) where a contract had not yet been awarded.
The protests were submitted to SPO by persons interested in submitting proposals in response to the RFP (prospective offerors). OIP thus opined on whether SPO must disclose the protests submitted by prospective offerors before contract award.
OIP found that under the UIPA’s exception for “frustration of a legitimate government function,” SPO is not required to disclose information in the protests that may identify and provide information about prospective offerors and information that may be included in their proposals because the Procurement Code makes information about and from prospective offerors confidential prior to award of the final contract. After redaction of this information, SPO must disclose the remaining parts of the protests.