N.J. Admin. Code § 16:72-1.11

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:72-1.11 - Public information

(a) After a contract is executed, all information submitted in response to a solicitation of proposals or bids is considered public information, notwithstanding any disclaimers to the contrary submitted by a proposer or bidder, except when a request for proposals (RFP) contains a negotiation component or as may be exempted from public disclosure by the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1et seq., and/or the common law. As a part of its proposal, each proposer or bidder may identify any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. Assertions that the entire bid or proposal, and/or prices contained therein, are exempt from public disclosure under OPRA, the common law, or the U.S. Copyright Act are overbroad and will not be honored by NJ TRANSIT. In the event that a public request is made for materials that the proposer or bidder has identified as confidential, NJ TRANSIT shall have the final authority to determine whether the materials are exempt from public disclosure under OPRA and shall take action as required by applicable law. The proposer or bidder may elect to defend its assertion of exemption from the public disclosure requirements of OPRA or the common law, but in doing so, all costs and expenses associated therewith shall be the responsibility of the bidder or contractor. NJ TRANSIT assumes no such responsibility or liability.

(b) When a solicitation permits negotiation with proposers or bidders after the submission of proposals or bids, the proposals or bids shall be made publicly available only after a contract is executed.

Adopted by 51 N.J.R. 1209(b), effective 7/15/2019