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OAC 260:115-3-9 - Bid documents open for public inspection

  1. Documents a bidder submits in a response to a solicitation are public records and shall be available for review, upon request, only after a supplier is selected and the contract is awarded.1 An electronic quote, bid or proposal submitted through an online solicitation process is subject to the same public disclosure laws. Such requests must comply with the Oklahoma Open Records Act, 51 O.S. § 24A.1. et seq.
  2. If the bidder submits information in a response to a solicitation that the bidder considers confidential or proprietary, the bidder shall: 
    1. specifically identify what information is confidential or proprietary upon each page containing confidential or proprietary information; 
    2. enumerate the specific grounds, based on applicable laws which support treatment of the material as exempt from disclosure, and explain why disclosure is not in the best interest to the public; and 
    3. conspicuously mark on the outside of the bid packet to indicate it contains confidential information.
    4. submit all such documents, materials, and information under separate cover. Failure to comply with this requirement may result in the State Purchasing Director’s decision to not consider bidder’s confidential or proprietary claim.
  3. The State Purchasing Director shall review the information and may or may not designate a bidder’s financial information or proprietary information as confidential and may or may not reject all requests to disclose the information so designated. [Reference 74 O.S. § 85.10