Glossary
Public records request
A public records request asks a state or local agency to produce documents under the state's open records statute. Every state has one, under names such as Public Records Act, Public Information Act, Right-to-Know Law or Freedom of Information Act, and each sets its own response deadlines, fees and exemptions.
The federal Freedom of Information Act does not apply here. FOIA reaches federal agencies only, so a request to a city or school district travels under state law.
The short version
- After award, the winning proposal, the scoresheets and the evaluation memo are usually obtainable.
- Your own submission is equally obtainable by competitors. Assume everything you write will be read by them.
- Trade-secret and proprietary exemptions are narrow and require you to mark specific pages and justify them, not to stamp the whole document.
- Response deadlines are set by state statute and range from a few days to a reasonable time, with fees for copying and sometimes staff time.
Why it matters to a bidder
Records requests are the cheapest competitive intelligence available in public procurement, and the least used. Practical uses:
- Post-award analysis. Request the winning proposal, the scoresheets and the award recommendation. This is often more informative than a formal debrief, and it is available even where debriefs are not offered.
- Pre-bid intelligence. Request the incumbent's current contract, its pricing schedule and its recent invoices or purchase order history. That tells you the real spend rather than the estimated quantity in the solicitation.
- Protest evidence. Most successful protests rest on documents obtained this way, though the protest clock is often shorter than the records response time, so file protectively.
Defensively: mark genuinely proprietary pages individually, cite the state exemption you are relying on, and expect the agency to notify you if a competitor requests your file.
A real example
A losing bidder on a county fleet maintenance contract requests the winner's proposal and the evaluation scoresheets. The scoresheets show the winner received full points for a certification the solicitation required and its proposal did not document. The bidder attaches both to a protest. Separately, the same firm requests three years of the county's parts purchase orders and discovers the actual annual spend is 40 percent above the estimate in the solicitation, which changes how it prices the next re-compete.
How state and local differs from federal
Federal contractors use FOIA, with a uniform statute, a nine-exemption structure and an appeal path. State and local records law is fifty separate systems. Differences that matter:
- Timing. Some states impose hard deadlines measured in business days; others require only a reasonable time, which in practice can mean months.
- Standing. A few states restrict requests to residents of that state, which affects out-of-state vendors.
- Pricing disclosure. Some states protect unit pricing as a trade secret in limited circumstances; many disclose it in full after award. Florida's public records law is unusually broad, and pricing is generally public.
- Notice to the submitter. Some states require the agency to notify you before releasing your marked material; others do not.
Common questions
Can competitors get my pricing?
In most states, yes, after award. Treat your pricing sheet as a public document.
How do I protect trade secrets?
Mark the specific pages, cite the state exemption, and keep the marked material to what genuinely qualifies. Blanket confidentiality stamps are routinely disregarded.
Does FOIA apply to my city?
No. The federal Freedom of Information Act applies to federal agencies. Cities are covered by their state's records law.
What does it cost?
Usually copying charges, and in some states search or redaction time. Ask for an estimate up front and request electronic delivery.