Bidding on public projects for state or local governmental entities involves a number of issues not necessarily present in the private sector. For example, confidentiality concerns exist when submitting information to a governmental entity. When submitting a bid or proposal, a contractor may be required to provide sensitive information, including but certainly not limited to financial information. Additionally, a contractor may have invested time and money in determining the best manner of presenting a bid or proposal. The contractor generally has an interest in keeping this information private and out of the hands of its competitors. But the Texas Public Information Act can make maintaining the confidentiality of such information a challenge.
The Texas Public Information Act generally requires that a state or local governmental entity, after receiving a written request, provide the requesting party the information it seeks either by making the documents available for inspection or sending copies directly to the requesting party. There are a number of exceptions that apply such as trade secrets, information that can be used to provide an advantage to a competitor, and personal information. A state or local governmental entity may seek a ruling from the Office of the Attorney General as to whether some or all of the information be withheld under any of the exceptions, although the entity must point out which exceptions it thinks apply. Interested third parties are also given a chance to submit arguments as well.