(1) Except as provided in section 24-103-201.5, proposals and bids shall be opened so as to avoid disclosure of the contents of the proposal or bid to competing offerors during the review process. A register of proposals and bids shall be prepared in accordance with rules and such procurement records shall be open for public inspection after the award as provided in sections 24-72-203 and 24-72-204. The executive director may promulgate rules to clarify the process for classifying confidential or proprietary information in procurement records.

(2) (a) To the extent not prohibited by federal law, each contract entered into by a governmental body pursuant to this code shall specify that the contract and performance measures and standards under article 103.5 of this title are open to inspection by the public as provided in sections 24-72-203 and 24-72-204.

(b)

(I) Each agreement entered into by a governmental body with a certified employee organization for state employees under executive order D 028 07, or any similar successor executive order with respect to the existence of a certified employee organization for state employees, shall specify that the agreement is open to public inspection as provided in sections 24-72-203 and 24-72-204.

(II) If executive order D 028 07, or any similar successor executive order with respect to the existence of a certified employee organization for state employees, is rescinded or altered by the governor in any way to create a situation where a certified employee organization for state employees no longer represents state employees, the governor shall provide written notice of this fact to the revisor of statutes.

(III) This paragraph (b) is repealed, effective upon the receipt by the revisor of statutes of the written notice under subparagraph (II) of this paragraph (b).