 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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November 14, 2012 Ms. Nancy Nelson Associate Vice President Employee Relations El Paso Community College P.O. Box 20500 El Paso, Texas 79998-0500 OR2012-18372 Dear Ms. Nelson: 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# 471921. The El Paso Community College District (the "district") received a request for the bid tabulations for RFQ 12-021A. You state that, although the district takes no position with respect to the requested information, it may implicate the interests of third parties. Accordingly, you state, and provide documentation demonstrating, the district notified Canon USA, Inc.; Benchmark; and Ricoh USA, Inc. (collectively, the "third parties") of the request for information and of their right to submit arguments stating why their information should not be released. See Gov't Code § 552.305 (permitting interested third party to submit to attorney general reasons why requested information should not be released); Open Records Decision No. 542 (1990) (determining statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in certain circumstances). We have reviewed the submitted information. 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, this office has not received comments from the third parties explaining why their information should not be released to the requestor. Thus, we have no basis to conclude that the release of any portion of the requested information would implicate any of the third parties' interests. 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, we conclude the district may not withhold any of the requested information on the basis of any interest any of the third parties may have in the information. As no exceptions to disclosure have been raised, the district 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, Lindsay E. Hale Assistant Attorney General Open Records Division LEH/tch Ref: ID# 471921 Enc. Submitted documents c: Requestor (w/o enclosures) Mr. Mike Wright State Account Executive Canon USA, Inc. c/o Canon Financial Services 14904 Collections Center Drive Chicago, Illinois 60693-0149 (w/o enclosures) Mr. Pat Hauser Account Manager Benchmark 4013 North Mesa, Suite B El Paso, Texas 79902 (w/o enclosures) Mr. Andreas Frank Branch Sales Manager Ricoh USA, Inc. 10737 Gateway West Boulevard 105 El Paso, Texas 79935 (w/o enclosures)
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