Special_Provision_a00113_Contract_Provisions_-_Right_to_Know_Law.pdf
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- Attached to
- SmartPGH Multimodal Detection Procurement
- Solicitation number
- 2026-RFP-170
- Issued by
- Allegheny County, Pennsylvania
About this file
This is a Special Provision document from the Pennsylvania Department of Transportation (PennDOT) that establishes contract provisions related to the Pennsylvania Right-to-Know Law (RTKL) for the SmartPGH Multimodal Detection Procurement project being conducted by the City of Pittsburgh's Department of Mobility and Infrastructure. The provision applies to all projects as a standard requirement and establishes the legal framework governing how contractors must handle public records requests related to contract activities. The contractor is required to respond to the Department's written notification requesting assistance with RTKL compliance within 10 calendar days by providing access to and copies of documents that may constitute public records. If the contractor believes requested information qualifies as a Trade Secret or Confidential Proprietary Information exempt from disclosure, the contractor must submit a written statement explaining the exemption claim within 7 calendar days, and the Department will rely on this statement unless it determines the information is clearly not protected. No specific project timeline, response dates, site visits, bidder conferences, award dates, or contract term information is detailed in this provision.
The contractor's obligations under the RTKL are continuing duties that survive contract expiration for as long as the requested information remains in the contractor's possession. The Department will reimburse the contractor for compliance costs only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL. The contractor must indemnify and hold the Department harmless for any damages, penalties, costs, or statutory damages resulting from failure to provide requested information within required timeframes, and must waive all rights or remedies available as a result of the Department's disclosure of information pursuant to the RTKL. The provision further requires the contractor to indemnify the Department for any legal expenses incurred if the contractor files a legal challenge to any Department decision to release records, regardless of the challenge's outcome.
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Text version
Standard Special Provision Detail
Index or Category: General Provisions Related Status: Active Sequence ID: 113 District: CO
Version: B Provision Name: a00113 CONTRACT PROVISIONS - RIGHT-TO-KNOW LAW
Usage Information Measurement: Dual
Edit Body: No Include on all projects: Yes Edit Header: No Include on all federally funded projects: No
Edit Project Specific Details: No Include on all 100% State funded projects: No Instructions for Usage: For use on all projects.
408 Section:
Effective From: 07/02/2010
To: 01/01/2999
Associated Items Item Number Description
No records found.
Header
CONTRACT PROVISIONS - RIGHT TO KNOW LAW
Provision Body I. Contract Provisions – Right to Know Law 8-K-1532
a. The Pennsylvania Right-to-Know Law (RTKL), 65 P.S. §§ 67.101-3104, applies to this Contract.
b. If the Department needs assistance in any matter arising out of the RTKL related to this Contract, the Department will notify the Contractor using the legal contact information provided in this Contract. The Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Department.
c. Upon written notification from the Department that it requires assistance in responding to a request under the RTKL for information related to this Contract that may be in the Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), the Contractor will:
1. Provide the Department, within 10 calendar days after receipt of written notification, access to, and copies of, any document or information in the Contractor’s possession arising out of this Contract that the Department reasonably believes is Requested Information and may be a public record under the RTKL; and
2. Provide such other assistance as the Department may reasonably request, in order to comply with the RTKL with respect to this Contract.
d. If the Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, notify the Department and provide, within 7 calendar days of receiving the written notification, a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL.
e. The Department will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the Department determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Department determine that the Requested Information is clearly not exempt
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f. Failing to provide the Requested Information within the time period required by these provisions, indemnify and hold the Department harmless for any damages, penalties, costs, detriment or harm that the Department may incur as a result of this failure, including any statutory damages assessed against the Department.
g. The Department will reimburse the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.
h. The Contractor may file a legal challenge to any Department decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, indemnify the Department for any legal expenses incurred by the Department as a result of such a challenge and hold the Department harmless for any damages, penalties, costs, detriment or harm that the Department may incur as a result of the failure, including any statutory damages assessed against the Department, regardless of the outcome of such legal challenge. As between the parties, agree to waive all rights or remedies that may be available as a result of the Department’s disclosure of Requested information pursuant to the RTKL.
i. The Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract and continue as long as the Requested Information remains in the Contractor's possession.
Project Specific Details
Audit Information Created By Created On Modified By Modified On Jeffrey A Bordner/PennDOT 06/17/2010 11:02:07 AM Hunter J Proctor/PennDOT 07/13/2010 11:46:02 AM
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