August 23, 2011

Ms. Zeena Angadicheril

Office of General Counsel

The University of Texas System

201 West Seventh Street

Austin, Texas 78701-2902

OR2011-12164

Dear Ms. Angadicheril:

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# 428044 (OGC# 138044).

The University of Texas Health Science Center at Tyler (the "university") received a request for a copy of the contract and proposals from all bidders associated with four specified purchases. You state the university has released some of the requested information. The submitted documentation reflects there were no bids associated with three of the specified purchases. Although you take no position as to whether the submitted information is excepted under the Act, you indicate release of this information may implicate the proprietary interests of Carl Zeiss MicroImaging ("Carl Zeiss"), Continental Equipment Company, Inc. ("Continental Equipment"), and STERIS Corporation ("STERIS"). Accordingly, you notified these third parties of the request for information and of their right to submit arguments to this office as to why the 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 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 information relating to that party should be withheld from public disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, Carl Zeiss, Continental Equipment, and STERIS have not submitted comments to this office explaining why the submitted information should not be released. Therefore, we have no basis to conclude that these companies have a protected proprietary interest in the submitted information. See

id. § 552.110; 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. Accordingly, the university may not withhold any portion of the submitted information based upon the proprietary interests of Carl Zeiss, Continental Equipment, and STERIS. As no exceptions to disclosure are raised, the university must release the submitted information.

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,

Kenneth Leland Conyer

Assistant Attorney General

Open Records Division

KLC/eb

Ref: ID# 428044

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Mr. Timothy Chapman

Senior VP and Group President of Healthcare

STERIS Corporation

5960 Heisley Road

Mentor, Ohio 44060-1834

(w/o enclosures)

Mr. Terry Chowning

Vice President

Continental Equipment Company, Inc.

P.O. Box 488

Tonganoxie, Kansas 66086

(w/o enclosures)

Dr. Michael Kaschke

President and CEO

Carl Zeiss MicroImaging

One Zeiss Drive

Thornwood, New York 10594

(w/o enclosures)

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