October 21, 2009
This University of Nebraska Public Records Request Guide was implemented in order to provide a user-friendly means of complying with the Nebraska Public Records laws. Until a notice of intent to award is issued, a purchase order, or contract is awarded, the University may treat all bid and proposal submissions and other records as confidential. Once the successful bidder is announced, the public and the other bidders having an interest in ensuring that the award conforms with University process and the law, and that the best interests of the University are served may make a public records request. Note: When an Invitation to Bid is utilized, price submissions may be announced at the public bid opening.
1. It is best if a public records request is in writing as it will assist Procurement Services know more precisely what documents the requester seeks. It will also help establish whether any denial to disclose a specific record is warranted. Sometimes a simple verbal or e-mail request to visit Procurement Services and view bid documents will suffice; however, such requests may be granted only by the Director of Procurement Services (or designee), the Associate Vice Chancellor for Business and Finance, or the Vice Chancellor for Business and Finance.
2. A written request for copies of bid documents or contracts must be signed and on the requester's letterhead. The request may be scanned and attached to an email.
3. Upon receipt of a request for access to or copies of a public record, Procurement Services shall provide, within 4 business days of receiving the request, access to or copies of the public record. If the request cannot be fulfilled within 4 business days due to the complexity or size of the record, a written explanation must be sent to the requester within the required 4 business days. The explanation must include the estimated date for fulfilling the request, the cost of any copies, and the opportunity to modify the request. This written response may be delivered via email.
4. The requester shall be charged $.25 per page with duplexed copies counting as 2 pages. The same charge applies to scanned copies sent electronically. After the first hour, a $20.00 hourly rate for the staff member compiling the copies will also be charged to the requester as well as any other incidental expenses incurred in fulfilling the request. The total charge will be calculated and collected from the requester before compiling the copies.
5. Information that a bidder believes to be confidential or proprietary in their bid submission, must be clearly marked on all public bids and requests for proposal documents, prior to submission of the bid or proposal. Bidder's financial statements, unless they are otherwise disclosed or filed for public review (e.g. publically traded companies), will be treated as confidential. Trade secrets, unpublished research, other proprietary information, marked by the bidder, or information Procurement Services determines would genuinely provide an advantage to business competitors and serve no public purpose will also be treated as confidential. Bidders should be reminded of the public's interest in a transparent, fair, and legal bid process. Therefore, the entire bid/proposal, or general business approaches which are not particularly unique, will not be treated by Procurement Services as confidential, proprietary information. See Neb. Rev. Stat. Sec. 84-712.05 for a list of records which may be withheld from the public.
6. The Associate Vice Chancellor for Business and Finance shall be notified of any records request received by Procurement Services, immediately upon their receipt. Prior to denying any part of a request, or in the case of a disagreement with a bidder over the characterization of information marked by the bidder as confidential, or any other concern with respect to compliance with public records laws, the Associate Vice Chancellor, in consultation with the Vice Chancellor for Business and Finance, may consult with the Office of the Vice President and General Counsel.
