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Public access to procurement information - 62 Pa. Cons. Stat. § 106

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     § 106.  Public access to procurement information.
        (a)  Open records.--Except as provided in section 512(d)
     (relating to competitive sealed bidding) and subsection (b), any
     documents created by or provided to any Commonwealth agency for
     any procurement shall be subject to inspection and copying only
     to the extent already required under the act of June 21, 1957
     (P.L.390, No.212), referred to as the Right-to-Know Law.
        (b)  Exceptions.--
            (1)  Financial information of a bidder or offeror which
        was requested in an invitation for bids or request for
        proposals to demonstrate its economic capability to fully
        perform the contract requirements and which is contained in a
        sealed bid, sealed proposal or prequalification document and
        an unsuccessful proposal shall be confidential. The financial
        information or an unsuccessful proposal may only be disclosed
        by a Commonwealth agency if:
                (i)  the information or proposal is disclosed to a
            consultant who is retained by the Commonwealth and who
            has signed a confidentiality agreement;
                (ii)  the information or proposal is used to defend
            the Commonwealth's interests in a legal action; or
                (iii)  the information or proposal is disclosed under
            a court order.
            (2)  If a Commonwealth agency terminates a contact for
        default, rejects a bidder or offeror on the grounds that the
        bidder or offeror is not responsible or suspends or debars a
        person, the bidder, offeror, contractor or person shall, upon
        written request, be provided with a copy of the information
        contained in the file of the bidder, offeror, contractor or
        person maintained by the department and the Office of the
        Budget under the contractor responsibility program.

        References in Text.  The act of November 28, 1986 (P.L.1465,
     No.146), known as the Reciprocal Limitations Act, referred to in
     subsec. (b), was repealed by the act of May, 15, 1998, (P.L.358,
     No.57). The subject matter is now contained in section 107.

Last modified: November 27, 2007