94-18Posted on Sep 20, 1994 in Formal Opinions
Opinion Letter No. 94-18
September 20, 1994
Convention Center Design Scores Withheld
Point Tabulation Sheets kept by the Convention Center Authority, which contain the evaluation scores awarded to four design/build proposals for the construction of a State convention center, may be withheld from the public until the Authority signs a contract for the construction of the convention center.
The OIP admits that there is a compelling public interest in the disclosure of information relating to the expenditure of public funds. However, the OIP found that because the Authority was negotiating numerous design changes to the selected developer’s proposal, the disclosure of the evaluation scores could result in the frustration of a legitimate government function by giving the selected developer a manifestly unfair advantage in negotiations, or raise the cost of government procurements. Once a contract with the selected convention center developer has been executed, the OIP advised the Authority that information concerning the evaluation of the four design/build proposals for the convention center must be made available for public review.