UIPA Memo 11-2
Requester asked OIP whether the Department of Public
Safety (PSD) properly denied Requester’s request under the
UIPA for: 1) the “References” section of a technical
proposal submitted for Invitation for Bids No. PSD 10-Ned-01 (IFB)
by bidder, NDCHealth Corporation (NDCHC) (“References Section”);
and 2) the initial bids and technical proposals submitted by bidders
on this same IFB (“Initial Bids”) prior to amendment
of the IFB on September 3, 2009.
OIP found that PSD must disclose the References Section,
but properly withheld the Initial Bids.
Based upon OIP’s in camera review,
OIP found that the References Section lists three state and federal
governmental entities as references and summary descriptions of
NDCHC’s work performed for these entities and that this information
does not fall under an exception to disclosure under
HRS § 92F-13, with the possible exception of direct contact
information for the governmental entities’ contact persons,
if any, that could be withheld under the UIPA’s “frustration”
HRS § 92F-13(3).
Regarding the Initial Bids, under the Hawaii
Public Procurement Code, HRS chapter 103D, competitive sealed bids
under HRS § 103D-302 become public upon their official public
opening at the time and place designated in the invitation for bids.
HRS § 103D-302(d). Under this Code provision, OIP believes
that the sealed bids are confidential unless and until their official
opening and thus the Initial Bids that were not opened are exempt
from public disclosure. The fact that the Initial Bids remained
in the hands of PSD instead of being properly returned to the respective
bidders does not change the status of these bids. HRS § 92F-13(3)