Public Agencies Need Not Disclose Competitive Proposals During Negotiations
In Michaelis, Montanari & Johnson v. Superior Court (June 22, 2006) Supreme Court No. S133464, the California Supreme Court considered when competitive proposals submitted to a public agency in response to a Request for Proposals ("RFP") for a public contract or lease must be disclosed under the California Public Records Act, Government Code section 6250 et seq. (the "Act"). At issue were responses submitted to an RFP for a lease of airport property at the Van Nuys Airport, part of Real Party in Interest Los Angeles World Airports.
In balancing the public interest in disclosure versus the public interest in nondisclosure under the "catch all" exemption to the Act, the Court agreed that there was a "legitimate and substantial" public interest in reviewing the agency's selection of a winning proposal. However, in a 7-0 decision the Supreme Court held that "public disclosure of such proposals properly may await conclusion of the agency's negotiation process, occurring before the agency's recommendation is finally approved by the awarding authority."
The decision can be found here.
