Freedom of Information
The Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIRs) impose duties of openness on the Local Authority which will have an effect upon how it treats procurement information.
Bidders should satisfy themselves as to the implications of the FOIA and the EIRs and seek legal advice as necessary.
When submitting Detailed Solutions or otherwise supplying information to the Local Authority in the course of this procurement process, Bidders are required to:
(a) specify (with reasons) in writing, at the time of disclosure, those parts which they regard as falling within any of the exemptions from disclosure specified under the FOIA/EIRs including (without limitation) information provided in confidence; and
(b) state which provisions of the FOIA/EIRs they consider apply to the information identified under (a).
The Local Authority may consult with the relevant Bidder and any other 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.