The contents of any proposal shall not be disclosed so as to be available to competing offerors during the negotiation process. History: Laws 1984, ch. 65, § 89. The Procurement Code prohibits public discussion of proposals from the time of submission of proposals until the award of the contract. — A school board member who, during a public hearing to discuss a local school district's chief procurement officer's (CPO) recommendation to contract with an offeror following the CPO's issuance of a request for proposals (RFP) for cleaning services, asked the CPO to provide copies of the RFPs and the names of all vendors who received notice, and after receiving this information, contacted local vendors to discuss the cost of the cleaning services requested and asked whether they had received notice of the RFPs, violated the Procurement Code, because 13-1-116 NMSA 1978's duty of confidentiality applies during the "negotiation process," that is, from the time of submission of proposals until the procuring entity awards a contract. 2020 Op. Ethics Comm'n No. 2020-04.
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