Local Agencies’ Request for Qualifications Bids
Q: What are the legal requirements for Request for Qualifications Bids/responses to be available for the public to review? Can we use legislation in the Freedom of Information Act (FOIA) to obtain developers’ responses to an RFQ? The agency is a local government redevelopment agency that has put out an RFQ to developers for the development of the old Army Base.
A: Because the Redevelopment Agency is a local government agency, it is governed by the California Public Records Act (“PRA”). See Govt Code Section 6250., et seq. Under the PRA, the public has a presumptive right of access to records maintained by government agencies, and may inspect or copy those records unless one of the Act’s exemptions applies. Thus, records pertaining to the Request for Qualifications Bids and Responses that are in the possession of the City are public records unless one of the PRA’s exemptions applies.
If you have not already done so, you should make a PRA request for the records. Requests can be oral or in writing. However, if you expect resistance to your request, you should put your request in writing. A sample PRA request letter is found on CFAC’s website at the following link: http://www.cfac.org/templates/cpraletter.html.
The PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days. Gov’t Code § 6253. If the written request is denied, the agency is obligated to back its denial by citing an exemption in the PRA or other state or federal law allowing it to withhold the records you seek. Gov’t Code § 6255.
Although there is no exemption that would squarely apply to the information you seek, it is possible the City may try to withhold the record under Government Code, 6254(h), which exempts from disclosure:
The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision.
Govt Code 6254(h). Although there are not many court cases construing this exemption, it does not appear — at least on the face of it — that this exemption would apply to responses to an RFQ. In any event, the first step is to make a request for the records, and to see how the City responds.