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It Is Ridiculous that ACLU and GoLocalProv Are Forced to Sue Providence Schools Over Failure to Disclose Public Contract Bids
Cooperating attorneys for the American Civil Liberties Union (ACLU) of Rhode Island have filed a lawsuit against the Providence Public School District (PPSD) and the City of Providence on behalf of GoLocalProv for providing late and inappropriately redacted public records information about a controversial bidding process for a multimillion-dollar “integrated facilities services” for the school district.
The suit comes after months of controversy around the bidding process for the $72 million-a-year contract.
The winner of the contract, ABM Industries, allegedly received a chance to enter an extra bid after its competitors, providing an unfair advantage. However, documentation of each proposal and the awarding of the contract was not released by PPSD or the City for residents to review.
New Lawsuit Filed
GoLocalProv has been investigating the story and made an Access to Public Records Act (APRA) request to PPSD for the bids made by the three prospective contractors.
The documents that PPSD eventually provided were heavily redacted, and appeared to completely remove financial information from the bids — the very information that GoLocal wanted to review and report on to taxpayers.
The lawsuit, filed in Rhode Island Superior Court by ACLU cooperating attorneys Fausto Anguilla and Lynette Labinger, argues that GoLocal “has a legal right to obtain the requested documents withheld and the requested documents redacted without redactions, and no legal basis exists for Defendants’ failure to disclose them in full.”
The complaint notes that the Request For Proposals for the bid specifically stated that “all material submitted” by vendors in response to the RFP “shall be considered to be public records…without exception.”
The complaint further alleges that the city’s "Home Rule Charter" requires sealed bids to be opened at a public meeting. Page after page of some of the documents provided to GoLocal are completely blacked out.
The suit also places PPSD at fault for not responding to GoLocal’s APRA request within the statute’s required ten-day response time without requesting an extension. The suit seeks a court order requiring that all the records be turned over immediately and the imposition of a fine and award of attorneys’ fees.
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