Dear Ms. Ava,

I am in receipt of the OPRA request below that was sent Dec. 23, 2022. The
school district was closed for winter break from Dec. 24, 2022, through
Jan. 2, 2023. Under OPRA, the Board has a seven (7) business day deadline
to respond to your OPRA request. Thus, your request is due on or before
Jan. 11, 2023. 

Sincerely,

Kia Bergman 

Records Custodian

West Windsor-Plainsboro Regional School District

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From: Ava V. <[1][OPRA #37916 email]>
Date: Fri, Dec 23, 2022 at 2:40 PM
Subject: [EXTERNAL]OPRA request - Phase I Site Improvements High School
South
To: OPRA requests at West Windsor-Plainsboro School District
<[2][email address]>

Bid Tabulation Results for Phase I Site Improvements High School South

This is a request for public records made under OPRA and the common law
right of access. Please acknowledge receipt of this message.
Records requested:

Please send the final and compiled bid tabulation, including all
quantities and unit pricing for each bidder, for “Phase I Site
Improvements High School South” that was submitted on 3/24/2020.

Please send all documents electronically.

Thanks,
AV

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear Ms. Ava,

This email is in response to your Open Public Records Act Request that was
emailed Dec. 23, 2022. The District was closed for winter break from Dec.
23, 2022, through Jan. 2, 2023. Therefore, the seventh business day by
which the Board must respond to your request is Jan. 11, 2023. This
response is being provided 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. March 2005).

Your specific request was as follows:

“Please send the final and compiled bid tabulation, including all
quantities and unit pricing for each bidder, for “Phase I Site
Improvements High School South” that was submitted on 3/24/2020.”

The Board’s responsive document is attached hereto.

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.

Please let me know if you have questions or concerns.

Sincerely,

Kia Bergman

Custodian of Records

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc