What Are Open Records?

Open records are government documents that state law requires public agencies to make available to anyone who asks. An open records request is the written request you file to obtain them. Every state has such a law, and for anyone bidding on public work it is the most practical way to see how an agency has awarded contracts in the past.

The name changes as you cross state lines. You will see Open Records Act, Open Records Law, Public Records Act, Public Records Law, Sunshine Law, Right to Know Act and Public Information Act — all describing the same underlying guarantee: the public can see the records of government bodies operating within the state.

Which Agencies Have to Respond to an Open Records Request?

Coverage is broad, though the precise boundaries are set by each state's statute. Bodies typically subject to open records laws include:

• State agencies and departments, including transportation, education and health
• Local agencies — cities, counties, townships, school districts and special districts
• Legislative bodies, though many states exempt portions of legislative work
• Judicial agencies, usually with narrower coverage than the executive branch
• Public universities, utilities and authorities that receive public funding

How Is an Open Records Request Different From a Federal FOIA Request?

If the records you need belong to a federal agency, the process is different enough to be worth reading separately — see our guide on how to file a FOIA request.

How Do You File an Open Records Request?

1. Read your state's statute first. The Reporters Committee for Freedom of the Press maintains an Open Government Guide covering all 50 states and D.C., broken down by who may request, what is exempt and what deadlines apply.
2. Find the records custodian. Most agencies name a public records officer on their website, and many now run an online request portal. Using the agency's own channel is faster than mailing a letter to a general address.
3. Put it in writing. Some states accept verbal requests. Submit in writing anyway — it creates a dated record, makes the request easy to track and gives you proof if you need to escalate.
4. Be specific. Name the solicitation number, award date, vendor and document type. Precise requests are cheaper, because you are charged for staff search time, and far less likely to be denied as overly broad.
5. Set a fee ceiling. Say what you are willing to pay and ask to be contacted before costs exceed it. If you qualify for a waiver under state law, request it explicitly in the same letter.
6. Track the deadline. Note the date the agency received your request and the response window your state allows. A polite follow-up citing the statutory deadline resolves most delays.

What Should an Open Records Request Letter Include?

A workable request runs about half a page and contains six elements. Adapt the wording to your state's statute:

1. Date and addressee. Address the named records custodian or public records officer, not a generic department.
2. A citation to the statute. For example: "Pursuant to the [State] Public Records Act, I request copies of the following records." Naming the law signals that you know the deadline applies.
3. A precise description of the records. Include solicitation or contract numbers, a date range, the vendor name and the document types you want — the winning proposal, the bid tabulation, the evaluation scoring sheets, the executed contract.
4. Your preferred format. Asking for electronic copies by email usually costs less than paper and arrives faster.
5. A fee statement. "I agree to pay reasonable fees up to $50. Please contact me before incurring charges above that amount."
6. Full contact information. Name, organization, mailing address, phone and email, so nothing stalls because staff could not reach you with a clarifying question.

What Does an Open Records Request Cost?

Fees are set per state and often per agency. Typical charges are a per-page copying rate and staff time beyond a free allowance, with electronic delivery frequently cheaper or free. Some states cap what agencies may charge; others allow recovery of actual costs. The National Freedom of Information Coalition maintains a directory of state freedom of information laws that is a useful starting point when you are working across several states.

Why Do Bidders File Open Records Requests?

Because a past award tells you more about how an agency actually buys than the solicitation ever will. Once a contract is awarded, the records that are usually obtainable include:

• The bid tabulation. Who bid, and at what total price — the fastest read on whether an agency is price-driven.
• Evaluation scoring sheets. Where points were actually awarded, which often differs from how the RFP weighted them on paper.
• The winning proposal. Expect trade secret redactions, but structure, staffing approach and narrative emphasis usually survive.
• The executed contract and amendments. Actual terms, renewal options and expiration dates — which tell you when the work comes up for rebid.

This kind of visibility is precisely what separates public bidding from private — a difference worth understanding before you decide where to compete, as we cover in public RFPs vs. private RFPs. If you are new to public work altogether, start with how to become a government contractor.

Put Your Research to Work

Knowing how an agency scores bids only helps if you are watching for its next solicitation. Bid Banana pulls state, local and federal opportunities into one searchable place, so a contract you found expiring in an open records response does not slip past when it is rebid.

The Bid Lab files open records requests for clients as part of bid research. Schedule a free consultation, call 1-844-4BIDLAB, or email respond@thebidlab.com.