W. Va. Code R. § 112-17-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 112-17-9 - Public Records

9.1. Procurement documents inform vendors that the entire response submitted for that procurement and any resulting contract are considered public documents.

9.2. As public documents, procurement documents are disclosed to the public following the bid opening or award of a contract in accordance with the WVFOIA.

9.3. Any bid or other document in a procurement file may be disclosed pursuant to a WVFOIA 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.

9.4. The STO shall not be liable for any disclosure of a procurement document.

9.5. If a vendor requests the STO execute a non-disclosure agreement to protect portions of its bid from disclosure for an RFP procurement, it must make the request to STO Purchasing 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.

9.6. The STO has no duty to inform a vendor that any procurement documents, contracts or other documents or information will be disclosed pursuant to a WVFOIA.

W. Va. Code R. § 112-17-9