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Rule 5:
Protection of supplier information

Primary requirement

  1. Agencies must protect suppliers' confidential or commercially sensitive information.

Application

  1. Agencies must not disclose confidential or commercially sensitive information unless:
    1. the supplier has already agreed to it in writing, or
    2. the disclosure is required by law (for example, under the Official Information Act 1982), convention or Parliamentary or Cabinet Office practice, or
    3. it is a limited disclosure expressly notified in a Notice of Procurement to which suppliers have consented by participating in the process.

More information

Commercially sensitive information

Commercially sensitive information is information that, if disclosed, could prejudice a supplier’s commercial interests and compromise fair competition between suppliers.

It includes:

  • the design and content of a tender
  • trade secrets and ‘know-how’
  • new ideas
  • innovative solutions
  • pricing structures
  • profit margins
  • market strategies.

Prohibited disclosure of information

Examples of prohibited disclosure of information include:

  • disclosing commercially sensitive information to a supplier's competitor
  • using or adopting an idea or solution without the supplier's agreement.

It’s good practice to include instructions to suppliers (in your Notice of Procurement) to mark their responses, or the relevant parts of their responses, as 'commercial in confidence'.

If you need to share responses with other agencies or advisors as part of the evaluation process, you’ll need to seek permission by making this a condition of participation in your Notice of Procurement.

The Notice of Procurement is the document published on GETS that advertises a new contract opportunity (like a Registration of Interest or a Request for Tender).

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