Roche Asks Court To Block Disclosure of State Contract Details
Drug maker Roche has filed an injunction in Sacramento Superior Court to block the release of details of its contract with the state to supply a hepatitis C medication, the Sacramento Bee reports (McIntosh, Sacramento Bee, 6/9).
State officials in May said the contract will save the state $1 million on the medication but declined to disclose specific terms of the deal. The contract -- which was signed Feb. 28 and took effect April 1 -- was entered through the Department of General Services' strategic outsourcing program to provide medication for institutionalized populations cared for by the departments of Mental Health, Developmental Services and Corrections (California Healthline, 5/20).
In May, Sen. Jackie Speier (D-San Mateo) and the Bee requested release of the contract under the state Public Records Act.
A date has not been set for a hearing to address the injunction request.
In court documents, Roche's attorneys asserted that the contract and its pricing information are trade secrets and should not be disclosed.
According to the documents, "General Services was able to extract substantial savings for the state of California by assuring bidding parties that their bids would be kept confidential." The documents continue, "If the price negotiated during this confidential process was made public, even though the bidder had been promised confidentiality, future bidders would be reluctant to offer price concessions or other concession in terms of discounts."
Court documents indicate that the contract specifies "performance requirements, variable price tiers and conditions." The contract requires all terms of the deal to remain confidential for five years, the documents state (Sacramento Bee, 6/9).