Dear Ms. V.:

This email is in response to your OPRA Request that was submitted via
OPRAmachine May 30, 2023. The seven-business day timeframe for the Board
to provide a response to your Request expires on June 8, 2023. This
response is being provided to you within that time frame.

OPRA defines a “government record” of a public entity as “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored
or maintained electronically or by sound-recording or in a similar device,
or any copy thereof, that has been made, maintained or kept on file in the
course of his or its official business …”  N.J.S.A. 47:1A-1.1. 
Accordingly, the Board is required to produce only those records which it
maintains in the official course of business and which are not otherwise
exempt from production.  Pursuant to the definition of a government
record, a public entity is not required by OPRA to research information
and/or create records that do not exist in response to OPRA requests.  See
e.g., Mag Entertainment, LLC v. Division of Alcoholic Beverage Control,
375 N.J. Super. 537 (App. Div. 2005).

The Board’s response to your Requests is follows:

“Please send the final and compiled bid tabulation (Bid Tally), including
all quantities and unit pricing for each bidder, for Site Development Work
@ Community Middle School that was submitted on 7/21/20.”

Response: The Board’s responsive document that most closely matches your
request is attached. The above was a lump sum bid award. As such, no
quantities/unit prices are reflected on the bid tabulation.

If you believe that your request for access to a government record has
been denied or unfilled within the seven (7) business days required by
law, you have a right to challenge the decision to deny access. At your
option, you may either institute a proceeding in the Superior Court of New
Jersey or file a complaint with the Government Records Council (GRC) by
completing the Denial of Access Complaint Form.  You may contact the GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton,
NJ, 08625, by email at [1][email address], or at their website at
[2]www.state.nj.us/grc. The GRC can also answer other questions about the
law.  All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.

Sincerely,

Kia Bergman

Custodian of Records

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Good afternoon,
The noted bid was a lump sum bid award. We do not have a bid tabulation
sheet that includes unit prices for each item from each bidder. If I am
misunderstanding your request or there are additional specific documents
that I can provide, please advise.
Sincerely,
Kia

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