RE: Response from Ted Bergstrom to Ann Okerson

["Stuivenga, Will" <wstuivenga@secstate.wa.gov>]

In our case, there was a clause in our recent RFP for a statewide library
database contract that stated: "Contract pricing will be freely shared
with other libraries and library groups after the award, and is subject to
public disclosure under RCW 42.17" (which is the state's open records
statute).

It is, in fact, the opinion of our contracts officer that all of the
proposals submitted under the RFP are subject to the state's public
records act, once the contract has been awarded. So not only the pricing
from the winning proposer, but the prices offered by all of the competitor
proposals are public record information, which anyone can obtain by
submitting the appropriate public records requests.

So I hardly see how disclosing that information on a public forum such as
an electronic mail distribution list could constitute restraint of trade.
In my (completely non-legal and undoubtedly na�ve) opinion, NOT disclosing
that information would constitute a greater restraint of trade, at least
from the library perspective.

Will Stuivenga wstuivenga@secstate.wa.gov
Project Manager, Statewide Database Licensing (SDL)
Washington State Library Division, OSOS
360.704.5217 fax: 360.586.7575
 
-----Original Message-----
From: owner-liblicense-l@lists.yale.edu 
Sent: Thursday, November 10, 2005 6:36 PM
To: Karl.Bridges@uvm.edu
Subject: Re: Response from Ted Bergstrom to Ann Okerson

Please don't make this into a publisher conspiracy.

I was making the point for the sake of participants in this list
serve--and Ann especially, whose neck is on the line. You should not
discuss pricing on any listserve, on any subject. If you doubt me, ask
your attorney.

What happens in private conversations at meetings is your business.

Peter Banks
Acting Vice President for Publications/Publisher
American Diabetes Association
Email: pbanks@diabetes.org