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Open Records Decision No. 639 (1996) (Attachment 7) points to the conclusions of Judge Rubin in
Sharyland Water Supply Corp v. Block, 755 F.2d 397, 399 (5th Cir.), cert. denied, 471 U.S. 1137
(1985), stating that the party seeking to prevent disclosure must show by specific factual or
evidentiary material, not conclusory or generalized allegations, that it actually faces competition and
that substantial competitive injury would likely result from disclosure.
We would note that the information requested is for contracts that already have been granted, not bid.
The winning bidder no longer is in competition for the contract. We have seen no specific arguments
that address how disclosing how many hours employees worked on a contract, or how much they were
paid, would translate into substantial competitive injury.
The information typically contained in a Form 60 does not appear to include tax information,
inventories or other financial information that a company conceivably might be in a position to make a
stronger argument to block disclosure. It appears to focus on information that is solidly in the publics
interest to know: who is getting taxpayer money for contracts.
The North Central Texas Council of Governments (NCTCOG) also uses Form 60s. An NCTCOG
document titled Instructions for Proposals states that a Request for Qualifications must include a
proposed budget itemized on a Form 60. (Attachment 8). The document also notes that procurement
information shall be a public record to the extent provided by the Texas Open Records Act and the
Freedom of Information Act and shall be available to the public It states that if a proposer submits a
proposal with information that he or she considered to be proprietary and doesnt want it disclosed, the
information must be identified as such.
We respectfully ask that the information contained in DARTs Form 60s be released its entirety.
Should you conclude that portions of that information should not be disclosed, we respectfully ask that
DART be directed release the remainder with redactions.
Thank you for your consideration.
Regards,
Ed Timms
The Dallas Morning News
214.977.8070
etimms@dallasnews.com