§ 16-113. Public access to procurement information.
(a)
Except as otherwise provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen or any interested person, in accordance with the Virginia Freedom of Information Act.
(b)
Cost estimates relating to a proposed transaction prepared by or for the town shall not be open to public inspection.
(c)
Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the town decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.
(d)
Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the town decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract.
(e)
Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to Virginia Code § 2.2-4317(B) shall not be subject to public disclosure under the Virginia Freedom of Information Act. However, the bidder, offeror, or contractor shall (i) invoke the protections of this provision prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.
State Law reference— Similar provisions, Code of Virginia, § 2.2-4342, Freedom of Information Act, § 2.2-3700 et seq.
State law reference
Similar provisions, Code of Virginia, § 2.2-4342, Freedom of Information Act, § 2.2-3700 et seq.