(a) Except as provided in subsection (b), procurement information is a public record to the extent provided by state law and shall be available to the public. (b) Procurement information that is any of the following is not a public record: (1) Commercial or financial information obtained in response to a solicitation that is designated as privileged or confidential by the person or entity submitting such information in compliance with instructions in the solicitation for marking information exempt from public disclosure. Information not marked as required is a public record. (2) Evaluative documents, bids, or proposals prior to award. (3) When the public disclosure of procurement information would be detrimental to the safety or security of persons or property or to the public interest as determined, in writing, by the Chief Procurement Officer. (4) Any procurement information identified by the Chief Procurement Officer under subsection (c). (c) The Chief Procurement Officer, by rule, shall establish a process for identifying and protecting procurement information that is excepted from disclosure.
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