9. Confidentiality of PQQ Responses and Freedom of Information

The Local Authority is subject to the requirements of the Freedom of Information Act 2000 (the 'Act') and the Environmental Information Regulations 2004 (the 'Regulations'), the subordinate legislation made under the Act/Regulations and any guidance and/or codes of practice issued from time to time in relation to such legislation. All information submitted to the Local Authority may be disclosed in response to a request made pursuant to the Act/Regulations. Bidders are required to:

(a)  specify (with reasons) those parts of their PQQ response or other written communication made by them which they regard as falling within any of the exemptions from disclosure specified under the Act/Regulations including (without limitation) information provided in confidence;

(b)  state which provisions of the Act/Regulations they consider apply to the information identified under (a); and

(c)  provide an estimate of the period of time during which the Bidder believes that such information will remain within the scope of the relevant exemption(s).

Please submit responses to (a), (b) or (c) as an Annex with the completed PQQ.

Where a Bidder identifies information as commercially sensitive or confidential, the Local Authority will endeavour to maintain confidentiality. It may consult with all such affected third parties and have regard to their representations before reaching any decision on disclosure. The Local Authority, however, shall be responsible for determining, at its absolute discretion, whether any exemption should apply and Bidders agree to comply with any such decision taken by the Local Authority.