While the Pennsylvania Right-To-Know Law (RTKL) generally provides that, after the conclusion of public bidding, all bids are potential public records subject to disclosure, this is not always the case in all public procurements. A recent decision of the Pennsylvania Commonwealth Court, Com. v. Walsh/Granite JV, made this point clear when the Court denied a RTKL request to obtain copies of the losing bids on a Pennsylvania Department of Transportation (PennDOT) Public-Private Transportation Partnership Law (3P Law) project known as the Pennsylvania Rapid Bridge Replacement Project.
In that case, Walsh/Granite, the successful bidder, sought copies of the losing bidders’ bids. PennDOT denied the request, and Walsh/Granite appealed the denial to the Office of Open Records. The OOR reversed PennDOT, holding that the losing bids were subject to disclosure under the RTKL. PennDOT appealed to the Commonwealth Court, which then reversed. Because the 3P Law specifically provides only that the successful bidder’s bid is subject to disclosure, the Commonwealth Court held that the legislature did not intend for the losing bids to be subject to disclosure.
The Commonwealth Court decision can be found here.
If you need assistance on a RTKL request or issue, call or email me for a free consultation. I’ll be happy to assist in anyway possible.
Christopher I. McCabe, Esq.
