The Utah Procurement Policy Board unanimously voted Monday to bring its rules in line with the state Government Records Access and Management Act, or GRAMA. That means bids for specific solicitations, even losing ones, are now public.
Before the board's action, only successful proposals were subject to inspection by the general public. Those not winning contracts were deemed "protected."
The change was pushed by The Salt Lake Tribune, which urged the Procurement Policy Board to amend its 20-year-old purchasing rules to reflect the 13-year-old GRAMA.
The inequity between the state's purchasing rules and GRAMA was highlighted recently when Salt Lake City-based W Communications won a two-year, $14 million state contract to promote Utah tourism. Although W's proposed campaign became public, the 19 competing proposals remained protected from scrutiny, according to the purchasing rules.
The Tribune eventually gained access to what were reported to be the top seven proposals under a special agreement with the Attorney General's Office.
Before changing its rules, however, the Procurement Board heard from people such as Jack Hammond, a Salt Lake City architect, who said he feared competitors could steal trade secrets and other confidential information contained in proposals.
After several weeks of deliberation, the board voted to include a provision that allowed businesses proffering proposals to identify information within their submittal that should remain private. That qualification, too, mirrors GRAMA.
Balancing the public workings of government against the need for confidentiality is important, says board member Ken Nye, of the state Division of Facilities Construction and Management.
"We recognize the benefits of transparency in the procurement process," he said. "All information should be public, unless is meets the [protected status] of GRAMA."
However, Nye warns, if the new procurement rules lead to fewer venders submitting proposals for state contracts, the board should revisit the issue.
"I hope the board will monitor the impact of this change."
In October, the Procurement Board polled state suppliers asking if unsuccessful proposals should become public. More than 57 percent said "yes."
csmart@sltrib.com


