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From: "dos.sm.Coog.InetCoog" <dosCOOG@dos.ny.gov>
Sent: Thursday, March 31, 2011 9:36 AM
Subject: RE: List of Bidders picking up bid packages

I do not believe that the provision to which you referred would apply, because it pertains to "personal" privacy.  Those who picked up bid packages would be either companies, not natural persons, or persons acting in a business capacity.

However, a different provision may be applicable.  Section 87(2)(c) permits an agency to withhold records to the extent that disclosure "would impair present or imminent contract awards..."  Therefore, insofar as premature disclosure would in some way impair the agency's ability to reach an optimal contractual arrangement, the agency has the ability to deny access.

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone:  (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index/html