Terms and conditions included in tender document (FOI)

​Request

I am requesting all documents related to an official policy change instituted recently, for documents on the States' contract tenders website. The following new terms and conditions are included in tender JERSEY-9WRG-V6FG1O:

The information contained within this Invitation To Tender and all associated documents, including but not limited to attached, imbedded or provided during the tender process are confidential and must not be used, disclosed or modified without express permission in writing from the States of Jersey.

All information provided by the States of Jersey is provided in confidence for the sole purpose of providing a competitive tender, and shall not be disclosed wholly or in part by the recipient to any other party without the States of Jersey’s prior written consent, and shall be held in safe custody by the recipient.

The following new terms and conditions are included in tender JERSEY-9WUS- 9UC51F:

The information contained within this Request for Information and all associated documents, including but not limited to attached, imbedded or provided during the tender process are confidential and must not be relayed, posted, disclosed or modified without express permission in writing from the States of Jersey.

All information provided by the States of Jersey is provided in confidence for the sole purpose of responding to the RFI, and shall not be disclosed wholly or in part by the recipient to any other party without the States of Jersey’s prior written consent, and shall be held in safe custody by the recipient.

Please provide a copy of all documents related to this official policy change for States tenders documents, including the document which authorises this policy change and any supporting documents relating to its creation, including any drafts, internal emails, notes, or any other supporting data.
 

Response

There has been no change in policy relating to States’ tender documents; consequently there are no documents, drafts, internal emails, notes or any other supporting data.

The wording set out as an extract above, which has been contained in two recent separate requests for information on the Channel Islands Tenders website references JERSEY-9WRG-V6FG10 and JERSEY-9WUS-9UC51F, is an amplification and reiteration of wording that is contained within the States’ Standard Invitation to Tender template reference 6.3.11 Confidentiality:

Tenderers shall treat the Invitation to tender documents as confidential and restrict their circulation and distribution to a 'need to know' basis. Tenderers shall not disclose their tender in whole or in part to any third party prior to either the award of a contract by the authority, or receipt of notification that the tender has not been accepted (in accordance with the non-disclosure agreement submitted). See template on the attachment.

This wording has been included in the template document for at least four years. The inclusion of the wording at the Request for Information Stage brings the requirement for confidentiality to the attention of parties at an earlier stage in the process.