§ 21-5. Public inspection of certain records.  


Latest version.
  • (a)

    Except as provided in this section, 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, firm or corporation, in accordance with the Virginia Freedom of Information Act, Code of Virginia, § 2.2-3700 et seq.

    (b)

    Cost estimates relating to a proposed procurement transaction prepared by or for a public body 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 public body 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 public body 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.

    (f)

    Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to Section 21-46 shall not be subject to the Virginia Freedom of Information Act, Code of Virginia, § 2.2-3700 et seq.; however, the bidder, offeror or contactor shall:

    (1)

    Invoke the protections of this section prior to or upon submission of the data or other materials;

    (2)

    Identify the data or other materials to be protected; and

    (3)

    State the reasons why protection is necessary.

    A bidder, offeror or contractor shall not designate as trade secrets or proprietary information (i) an entire bid, proposal, or prequalification application; (ii) any portion of a bid, proposal, or prequalification application that does not contain trade secrets or proprietary information; or (iii) line item prices or total bid, proposal, or prequalification application prices.

    (Code 1993, § 22.1-38; Code 2004, § 74-5; Ord. No. 2018-152, § 1, 5-21-2018)

    State Law reference— Similar provisions, Code of Virginia, § 2.2-4342.

(Code 1993, § 22.1-38; Code 2004, § 74-5; Ord. No. 2018-152, § 1, 5-21-2018)

State law reference

Similar provisions, Code of Virginia, § 2.2-4342.