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