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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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Can a California Public Agency release bidder/proposer information

Customer Question

Can a California Public Agency release bidder/proposer information identified as proprietary and confidential under FOIA or California Public Records Act when such release providers competitiors with privileged information?
Submitted: 7 years ago.
Category: Business Law
Expert:  socrateaser replied 7 years ago.

In general, the California Public Records Act (CPRA) would permit disclosure of the bid info, unless the bidder entered into a nondisclosure agreement with the government agency before bidding. THe CPRA has 35 different exemptions which permits the government to refrain from disclosure, however they are all "permissive," which means that the government has discretion as to whether or not to disclose. So, in fact if the government wants to release information, then it is almost competely free to do so, except where case law, contractual agreement, or other statutory provisions provid otherwise.

 

Short answe: disclosure is permitted, unless the agency agreed otherwise.

 

Hope this helps.

 

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