Salt Lake Tribune
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State officials seek to keep bid proposals secret
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The intrigue of industrial espionage may not pop to mind when considering state purchasing and procurement rules - but that fear is exactly what is standing in the way of opening the process by which hundreds of millions in state contracts are awarded each year.

That concern, however, is felt more deeply among government officials than among suppliers from the private sector, according to a recent survey by the Utah Procurement Policy Board.

Unlike bids for such things as state road projects that are all open, proposals for construction of state buildings, for example, could contain proprietary information that architects and contractors guard so they can stay competitive.

Salt Lake Tribune news editor Dan Harrie argued Thursday at a procurement board hearing that a transparent process for awarding contracts should be the primary concern of state government.

"The more important aspect is the integrity of the procurement process," Harrie said. "Does the public have confidence in the process?"

The conflict between the Government Records Access and Management Act and state procurement guidelines flared up recently when W Communications won a $14 million, two-year contract to promote tourism in the Beehive State.

Although W's proposal became public upon the award, the 19 competitive proposals remained sealed.

Following a Tribune objection, the procurement board surveyed suppliers and state and local procurement officials. The results show that a majority of private suppliers are not worried about proprietary information getting to competitors through an open process. By contrast, it revealed that a majority of government officials don't want unsuccessful proposals to become public.

But Salt Lake City-based architect Jack Hammond told the board that his discussions with the 10 biggest architectural firms in the state found an overwhelming opposition to make unsuccessful proposals public.

"We feel our designs are an aspect of intellectual property," he said.

Information contained in proposals regarding design, work plans and even personnel should remain protected, he said.

csmart@sltrib.com

Survey results

* Question: Do you support making unsuccessful proposals public?

* Private suppliers: 57.1 percent said "yes"

* Government officials: 60.1 percent said "no"

* What's next: The Utah Procurement Policy Board meets Nov. 17 to define the term "trade secrets."

Valuable info? Maybe, but suppliers in the private sector are less concerned, a state survey finds
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