February 18, 2010

Mr. W. Montgomery Meitler

Assistant Counsel

Office of Legal Services

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

OR2010-02486

Dear Mr. Meitler:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 370502 (TEA PIR # 12279).

The Texas Education Agency (the "agency") received a request for information relating to a specified request for proposals. You state that, with the exception of the submitted fee proposals, the agency will release the responsive information. Although you take no position regarding the public availability of the submitted fee proposals, you state the release of the information may implicate the rights of the third parties whose information has been requested. Accordingly, you state, and provide documentation showing, that you have notified Ennis Knupp + Associates ("Ennis Knupp"), NEPC, L.L.C., and R.V. Kuhns & Associates of their right to submit arguments to this office as to why their submitted information should not be released. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the Act in certain circumstances). We have received comments from Ennis Knupp stating it does not object to the release of its submitted information. We have reviewed the submitted information.

We note that an interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why requested information relating to it should be withheld from disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, we have not received correspondence from any of the remaining third parties explaining why their information should not be released. Thus, we have no basis for concluding that any portion of the submitted information pertaining to these third parties constitutes proprietary information, and the agency may not withhold any portion of the submitted information on that basis. See Open Records Decision Nos. 661 at 5-6 (1999) (to prevent disclosure of commercial or financial information, party must show by specific factual evidence, not conclusory or generalized allegations, that release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case that information is trade secret), 542 at 3. As no exceptions to disclosure are raised, the submitted information must be released.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

Pamela Wissemann

Assistant Attorney General

Open Records Division

PFW/cc

Ref: ID# 370502

Enc. Submitted documents

c: Requestor

(w/o enclosures)

cc: Mr. David J. Keil

David Testore

Ennis Knupp & Associates

10 South Riverside Plaza, Suite 600

Chicago, Illinois 60606

(w/o enclosures)

Mr. Rhett Humphreys

NEPC, L.L.C.

5113 Piper Station Drive, Suite 205

Charlotte, North Carolina 28277

(w/o enclosures)

Ms. Jennifer L. Chunias

Goodwin Proctor L.L.P.

Exchange Place

Boston, Massachussetts 02109

(w/o enclosures)

Mr. Allison Grebe Lee

R.V. Kuhns & Associates, Inc.

111 Southwest Naito Parkway

Portland, Oregon 97204

(w/o enclosures)

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer