R105-1-9. Confidentiality of Procurement Records

  (1) The Attorney General shall comply with Title 63G, Chapter 2, Governmental Records Access and Management Act (GRAMA).

  (2) Pricing may not be classified as protected and is considered public information.

  (3) An entire response to a solicitation may not be designated as "PROTECTED", "CONFIDENTIAL" or "PROPRIETARY" and shall be considered non-responsive unless the vendor removes the designation.

  (4) Publicizing Awards.

  (a) In addition to the requirements of Section 63G-6a-709.5, the following shall be disclosed after receipt of a GRAMA request and applicable fees:

  (i) the executed contract(s) and the successful proposal(s), except for those portions that are not Public;

  (ii) unsuccessful proposals, except for those portions that are not Public;

  (iii) the rankings of the proposals;

  (iv) the names of the members of any evaluation committee;

  (v) the final scores used by the evaluation committee to make the selection, except that the names of the individual scorers shall not be associated with their individual scores or rankings; and

  (vi) the written justification statement supporting the selection, except for those portions that are not Public.

  (b) After due consideration and public input, the following has been determined by the Procurement Policy Board and the Attorney General's Office to impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, and will not be disclosed by the Attorney General's Office:

  (i) the names of individual scorers/evaluators in relation to their individual scores or rankings;

  (ii) any individual scorer's/evaluator's notes, drafts, and working documents;

  (iii) non-public financial statements; and

  (iv) past performance and reference information which is not provided by the vendor and which is obtained as a result of the efforts of the Attorney General's Office. To the extent such past performance or reference information is included in the written justification statement, the justification statement is still subject to public disclosure.

  (c) In regard to an Invitation for bids issued by the Attorney General's Office, the Attorney General's Office shall, on the day on which the award of a contract is announced, make available to each vendor and to the public, a notice that includes:

  (i) the name of the vendor to which the contract is awarded and the price(s) of the procurement item(s); and

  (ii) the names and the prices of each vendor to which the contract is not awarded.