12.2.5 it is independently developed without access to the other party's Confidential Information. 12.3 The Contractor may only disclose the Trust's Confidential Information to the Contractor Personnel who are directly involved in the provision of the Project and who need to know the information, and shall ensure that such Contractor Personnel are aware of and shall comply with these obligations as to confidentiality. 12.4 The Contractor shall not, and shall procure that the Contractor Personnel do not, use any of the Trust's Confidential Information received otherwise than for the purposes of this Contract. 12.5 The Contractor shall ensure that their employees, servants or such professional advisors or consultants are aware of the Contractor’s obligations under this Contract. 12.6 Nothing in this Contract shall prevent the Trust from disclosing the Contractor's Confidential Information: 12.6.1 for the purpose of the examination and certification of the Trust's accounts; or 12.6.2 for any examination pursuant to Section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the Trust has used its resources. 12.7 The Trust shall use all reasonable endeavours to ensure that any employee, third party or Sub-contractor to whom the Contractor's Confidential Information is disclosed pursuant to clause 12 is made aware of the Trust's obligations of confidentiality. 12.8 Nothing in this clause 12 shall prevent either party from using any techniques, ideas or know-how gained during the performance of the Contract in the course of its normal business to the extent that this use does not result in a disclosure of the other party's Confidential Information or an infringement of Intellectual Property Rights. 13 Freedom of Information 13.1 The Contractor acknowledges that the Trust is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Trust to enable the Trust to comply with its information disclosure obligations. 13.2 The Contractor shall and shall procure that its Sub-contractors shall: 13.2.1 transfer to the Trust all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information;
they will be delivered and the impact that they will have on other areas/stakeholders. Good 4 Sufficient evidence provided of appropriate knowledge, skills or experience. Have confidence in their ability to deliver the required service Will reflect that bidders will have addressed, in some detail, all or the majority of the bullet points listed under each criteria heading. Evidence will have been provided to show not only what will be provided but will give some detail of how this will be achieved. Bidders should make clear how their proposals relate directly to the aims of the project and be specific, rather than general, in the way proposed solutions will deliver the desired outcomes Acceptable 3 Reasonable evidence of appropriate knowledge, skills or experience. Meets requirements in many areas but not all. Will again address the majority of the bullet points under each criteria heading but will lack some clarity or detail in how the proposed solutions will be achieved. Evidence provided, while giving generic or general statements, is not specifically directed toward the aims/objectives of this project. Any significant omission of key information as identified under each criteria heading will point towards a score of 3. Minor Reservation 2 Some evidence of appropriate knowledge, skills or experience. Meets requirements in some areas but with important omissions Will reflect that the bidder has not provided evidence to suggest how they will address a number of bullet points under the evaluation criteria heading. Tenders will in parts be sketchy with little or no detail given of how they will meet project requirements. Evidence provided is considered weak or inappropriate and is unclear on how this relates to desired outcomes. Serious Reservations 1 Very little evidence of appropriate knowledge skills or experience Will reflect that there are major weaknesses or gaps in the information provided. The bidder displays poor understanding and there are major doubts about fitness for purpose. Unacceptable 0 No evidence/response Will result if no response is given and/or if the response is not acceptable and/or does not cover the required criteria.