13.3 Confidentiality

The PPT and/or evaluation team have planning and source selection sensitive information and supplier proposal information that must be marked and treated confidentially and must not be released outside the PPT/evaluation team. It is imperative that all members of the PPT and/or evaluation team fully understand they must not disclose any such confidential information to any person not authorized to receive the information nor to any person who has not signed a confidentiality and conflict of interest statement. Generally, only the team members and certain selected personnel with a need to know have access to the procurement information. All information and documentation relative to the development of a specification or requirements document, the solicitation documents and the contractual documents will be deemed confidential in nature until a contract is awarded.

PPT members/evaluators and anyone given access rights to the confidential information will be required to complete a confidentiality and conflict of interest statement (see Appendix A). The SPOC is responsible for obtaining and maintaining all signed agreements. All PPT members/evaluators must agree to the following:

  • Agrees that no gift, benefit, gratuity, or consideration will be accepted or a personal or financial interest in a party who is bidding or proposing or associated with a bidder/proposer initiated on a project or procurement. (Refer to Chapter 5 - Ethics in Public Procurement of this manual, Ethics in Public Procurement.)
  • Certifies that all information concerning the planning, processes, development or procedures of the project or procurement will be kept confidential and secure.
  • Certifies that no copy or disclosure of info will be made to any other party who has not signed a copy of this confidentiality agreement.
  • Understands that the information to be kept confidential includes specifications, administrative requirements, contractual terms and conditions and includes concepts and discussions as well as written and electronic materials.
  • Understands that if he/she leaves the procurement team before a contract is awarded that all information must still be kept confidential.
  • Agrees that any instructions provided by the sourcing specialist relating to the confidentiality of information will be strictly followed.
  • Agrees to immediately advise the SPOC in the event that he/she learns or has reason to believe that any person who has access to confidential procurement information has or intends to disclose that information in violation of their agreement.
  • Certifies that he/she has no personal or financial interest and no present or past employment or activity which would be incompatible with participation in any activity related to the planning or procurement processes for the procurement.