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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.
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