260:115-3-9. Bid documents open for public inspection

  1. Unless incorporated into an awarded contract, bid documents are not disclosable. An electronic quote, bid or proposal submitted through an online solicitation process is subject to the same public disclosure laws.
  2. If a bid contains information that the bidder considers confidential, the bidder shall:
    1. specifically identify what information is confidential;
    2. enumerate the specific grounds, based on applicable laws which support treatment of the material as exempt from disclosure, and explain why disclosure is not in the best interest to the public if the information is incorporated into an awarded contract; and
    3. submit all such information considered confidential either under separate cover or copied in a separate section of the bid as required. Failure to comply with this requirement may result in the decision to not consider bidder's confidential claim. The acquiring agency has no responsibility to look outside the required section of a bid for portions claimed as confidential and an entire bid will not be considered confidential in any event.