W. Va. Code R. § 106-22-6

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 106-22-6 - Public records
6.1. A bid shall be available to the public after opening unless otherwise exempt by law.
6.2. Procurement documents shall inform vendors that the entire agency file for that procurement and any resulting contract will be considered public documents after award. As public documents, procurement documents may be disclosed to the public following the award of a contract in accordance with FOIA. Any bid or other document in a procurement file may be disclosed pursuant to a FOIA request even if the bid or other document contains statements or labels attempting to prevent disclosure, such as confidential, trade secret, private, or any other claim.
6.3. The agency shall not be liable for any disclosure of a procurement document pursuant to this rule.
6.4. If a vendor requests the agency execute a non-disclosure agreement to protect portions of its bid from disclosure, it must make the request at least one week prior to the date of the bid opening. A non-disclosure agreement may be executed at any time to prospectively protect any procurement documents, contracts, or information.

W. Va. Code R. § 106-22-6