A. Generally: This section applies certain laws to specific areas of City procurement. In addition to these requirements, the laws themselves should be reviewed.
B. Accessing And Managing Documents: It is the City's policy that the public should have open access to City records. However, in limited circumstances, records may be protected from disclosure under the Government Records Act. This section summarizes some parts of the Government Records Act. Any person seeking to use or comply with the Government Records Act must rely on the Act and not on this summary.
1. Providing Records: Most records should be provided to the public. Departments or divisions may charge a fee for providing records as set forth in section 2.64.040 of the City Code.
2. Requests For Confidentiality: A third party can ask that records be maintained confidentially only as follows:
a. Protecting Business Records: Some records relating to trade secrets, commercial information and nonindividual financial information can be protected from public disclosure if requested by the submitter.
(1) To make a claim of business confidentiality, a person must provide to the City with the record in question a written claim of business confidentiality, and a specific statement of the reasons supporting the claim. See also Utah Code Annotated section 63G-2-309.
(2) Whenever a record is submitted with a claim of business confidentiality, the City shall mark the record "confidential" and only allow access as specified under the Government Records Act (see subsection B5 of this section). Persons who request confidentiality must defend a challenge to that classification.
b. Confidentiality Agreements: The City shall not enter confidentiality agreements except as may be determined by the City Attorney's Office. Persons desiring confidentiality should examine and rely on the provisions of the Government Records Act.
3. Disclosing Of Bids, Proposals Or Other Submissions: The City may maintain bids, proposals and other submissions confidentially during certain periods.
a. Bids: Generally, the City should make bid documents available to the public after bidding has closed and bids are opened except where there is an appropriate reason to maintain confidentiality. Bids are confidential before that time.
b. Proposals: Generally, the City should make proposal documents available to the public after a contract has been signed except where there is an appropriate reason to maintain confidentiality. All materials are confidential before that time.
c. Exceptions: Under some circumstances, the City may deny access to bid or proposal documents beyond the times stated above. Those circumstances may arise where records are classified as confidential, or where disclosure would impair a procurement proceeding or give any person an unfair advantage. The City Attorney's Office should advise on particular situations.
d. Confidential Portions: Any request to obtain information in a bid or proposal that was submitted under a claim of business confidentially must be examined by the City Attorney's Office as specified in subsection B5 of this section.
4. Other Reasons For Protected Treatment: A variety of conditions can sometimes permit the City to protect records from public disclosure. Some (not all) are summarized below. Any person receiving a written request for records that may be protected shall immediately submit it to the City Attorney's Office as specified in subsection B5 of this section.
a. Records that would impair City procurement proceedings.
b. Records that would give an unfair advantage to any person proposing to enter into a contract with the City.
c. Records that would identify real or personal property, including intellectual property, or its appraised or estimated value, prior to an acquisition, sale, exchange, lease, rental or other transaction by the City.
d. Records that would interfere with a City investigation if disclosed.
e. Records that would jeopardize the security of governmental property, programs or record keeping systems.
f. Records relating to an ongoing or planned audit.
g. Records relating to litigation or an adversarial action.
h. Records relating to the work of a City Attorney, or communications with a City Attorney.
i. Drafts of any document.
j. Records relating to investigations and analysis of loss occurrences that may be covered by a Risk Management Fund.
k. Records supplied by another governmental agency on a confidential basis.
l. Records that would reveal negotiations regarding assistance or incentives encouraging a person to expand or relocate a business in Utah.
m. Records that would reveal information relating to proprietary rights owned by the City, including patents, copyrights and trade secrets.
n. Records describing an individual's finances.
o. Records containing data on individuals, the disclosure of which would constitute an unwarranted invasion of personal privacy.
5. Requests To Disclose Confidential Or Protected Records: Any person who receives a written request to disclose a record that may be subject to protection under the Government Records Act shall:
a. Immediately direct the written request to the City Attorney's Office. The City Attorney's Office will review the record and the request, and advise regarding what may be disclosed.
b. If the request is denied, it may be appealed as provided by law.
6. Employee's Obligations: City employees shall not knowingly refuse to permit access to records which are accessible under the Act, shall not knowingly permit improper access to records, and shall not knowingly and without authority dispose of, alter or remove records or permit others to do so. Reference section 2.64.110 of the City Code.
C. Records Retention Requirements: Each procurement unit shall maintain procurement related files in the manner that it shall determine, and that complies with State and local records retention requirements. (2019 Compilation)