PR + Sun: Procurement Specific

Question 1

When is a private contractor subject to public records laws?

Answer 1

Ks w/ LG & acting on behalf of LG.

Question 2

What are 2 categories of records that private contractor must produce?

Answer 2

Records that fall w/i scope of the services &
Not otherwise exempt from disclosure.

Question 3

What procurement documents are temporarily exempt from disclosure under public records laws?

Answer 3

Sealed bids and proposals received in response to competitive solicitations.

Question 4

For how long are sealed bids exempt from public records disclosure?

Answer 4

PUBLIC RECORDS
-----------
Earlier of:
(1)  Notice of intended decision or
(2)  30 days following opening.

Question 5

How might sealed bids remain exempt longer?

Answer 5

If LG rejects all responses and concurrently gives notice of its intent to reissue the
solicitation.

Question 6

If LG reissues solicitation, how long do the sealed bids remain exempt from public records laws?

Answer 6

PUBLIC RECORDS
-----------
Until notice:
(1)  Intended decision or 
(2)  Withdrawal of solicitation, 
BUT no longer than 12 months after initial notice of rejection.

Question 7

What procurement documents are permanently exempt from disclosure under public records laws?

Answer 7

Financial statement LG required prospective bidder to submit in order to prequalify for a road or any other public works.

Question 8

How define a “trade secret”?

Answer 8

PUBLIC RECORDS
-----------
I might secretly trade for a valuable advantage I can use.
-----------
Any compilation of info that is 
(i)    Secret, 
(ii)   Of value, 
(iii)  For use or in use by a business, &
(iv)  Provides an advantage.

Question 9

What is required to make a trade secret exempt from public disclosure?

Answer 9

Owner must take measures to prevent it from becoming available.

Question 10

What trade secrets are confidential & exempt?

Answer 10

Computer data, programs & their docs that are trade secrets.

Question 11

What 2 things did the legislature declare about LG’s handling of computer data, programs & their docs that are trade secrets?

Answer 11

PUBLIC RECORDS

(1) It is a public necessity that they be confidential
(2) b/c it is a felony to disclose.

Question 12

What could change between now & the CCLG exam regarding trade secrets & public records?

Answer 12

The confidential & exempt status of computer data, programs & their documents in the hands of LG.
Why? FS 815.04(3) is scheduled to sunset on 10/2/21.

Question 13

What is routinely done in procurement that is exempt from Public Records?

Answer 13

Bids are sealed until intent to award or 30 days.
If LG re-issues, sealed until w/drawal, new award, or 12 months, whichever is earlier.
———-
119.07 requires public records.
119.071 says sealed bids stay closed for 30 days (12 mos if reissue)
But-
b) 255.0518 says notwithstanding 119.071
(1) Hold a meeting pursuant to 286.011
(2) Announce at meeting name & price of each bidder
(3) Make name & price available upon request.

Question 14

When may closed meetings be held pre-award?

Answer 14

PUBLIC MEETINGS

1. Vendor makes presentation.
2. LG selects V & strategizes price (FS 286.0113)
3. Which vendor to ask for BAFO [best & final offer] (case law).
4. The parties negotiate.
   - ———-
   * confirmed F.S. 286.0113

Question 15

What are the mechanics of a closed meeting in a procurement context?

Answer 15

PUBLIC MEETINGS

1. Recorded.
2. Recordings & any records are public @ time of intent to award or 30 days after opening of bids, proposals or final replies, whichever occurs first.
3. If LG reissues, stay sealed until notice of itent to award on reissue or w/drawal, but no longer than 12 months after rejection