Negotiations

FOI Advisory Council Opinion AO-03-16

Generally, requests for information (RFI's) are preliminary to a procurement transaction or contract negotiations, and not directly part of such transactions or negotiations. FOIA does not contain any specific exclusion from mandatory disclosure that would allow information received in response to an RFI to be withheld. Whether other exclusions apply to such information, such as those exclusions applicable to contract negotiation records or proprietary records and trade secrets, must be considered on a case-by-case basis.

FOI Advisory Council Opinion AO-01-14

This opinion discusses the use of the contract negotiations and economic development records exemptions. FOIA allows a records custodian to disclose exempt records in his discretion. FOIA does not require a custodian to engage in a balancing test in exercising that discretion, or to justify or explain a decision not to disclose exempt records.

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