13.4  Ensure security and confidentiality

While government is committed to a policy of openness and transparency, a strong measure of confidentiality may be required during the procurement process. This protects both the competitive position of individual bids and the commercial interests of departments. The requirements for confidentiality and disclosure must be considered with the provisions of individual jurisdictions, Freedom of Information and other relevant legislation.

While confidentiality primarily limits inappropriate transmission of information, one relevant issue for PPP projects is ensuring that people have all the information they need to fulfil their roles. Processes that ensure confidentiality must not be allowed unduly to delay the necessary dissemination of information.

All public officials have a general obligation of confidentiality to their employer. Non-public officials involved in a tender process may not be under an obligation of confidentiality to the department. They should be asked to give an undertaking to protect the confidentiality of all the information they obtain during a tendering process.

Similarly, processes must serve the government commitment to openness. In particular, members of procurement teams must be aware of government policy on the public disclosure of bidding and contract-related information.

Departments must establish clear security procedures for handling tender-related documents (produced by both bidders and the department). The highest level of confidentiality is to be accorded to bids and bid evaluation documents. Particular consideration should be given to storage and access restrictions. Only authorised procurement team members with a direct need to know should be party to tender-related commercially sensitive information. The security arrangements should be reviewed and approved by the relevant departmental officer and/or Probity Practitioner.

Confidentiality is also important in electronic communications and on-line storage or submission of relevant tender material, and may warrant further attention.