Clause for inclusion in tender documentation

The following wording is suggested for inclusion in your Letter of Invitation. Depending on your normal style you may wish to insert the name of your institution or simply use a generic term such as Institution or University.

“[Name of Institution] is committed to meeting its responsibilities under the Freedom of Information Act 2000.

Accordingly, all information submitted to the [Name of Institution] may need to be disclosed and/or published. If you consider that any of the information included in your tender would give rise to an actionable breach of confidence and/or would prejudice your commercial interests, and/or constitute trade secrets (“commercially sensitive”) please identify it and explain (in broad terms) what harm might result from the disclosure and/or publication.  You should be aware that, even where you have indicated that information is commercially sensitive, we may be required to disclose and/or publish it, whether or not your tender is accepted.  We may also require to disclose and/or to publish details of unsuccessful tenders.

Whilst information of a sensitive nature in unsuccessful tenders, (e.g. pricing and daily rates) will not normally be disclosed and/or published, in certain circumstances we may be required to disclose and/or publish such sensitive information where the public interest in its disclosure and/or publication outweighs the public interest in keeping such information confidential.”