confidentiality provides that in any contract between the Crown and another party, Confidentiality Provisions are not to be included except in limited circumstances approved by a Head of Agency. The restriction on Confidentiality Provisions does not apply to: pre-contract information which passes between the parties in order to enable the contract to be performed; or the services or products that flow from the performance of the contract, including information that is brought into existence pursuant to the contract. Application for exemption Only a Responsible Officer may apply for the Head of Agency’s approval for the inclusion of a Confidentiality Provision in a contract between the Crown and another party. The Responsible Officer will determine the need for an application, having regard to the Department’s requirements and any request from the preferred Tenderer on a case-by-case basis. Any application for approval to a Head of Agency must be made by the Responsible Officer, and can only be approved by the Head of Agency before the Crown enters into a contract with the successful Tenderer. In accordance with TI 1401, the inclusion of a Confidentiality Provision may be approved by the Head of Agency another party to the contract requests confidentiality or a Crown Law Officer has certified, in writing, that there are good and sufficient reasons for the Crown to maintain confidentiality; the provisions of the contract sought to be made confidential are specifically identified; the disclosure of the provisions of the contract would cause unreasonable detriment to the Crown or another party to the contract; and confidentiality, in part or in whole, is in the public interest. If an application for inclusion of Confidentiality Provisions is refused by the Head of Agency, or is granted by the Head of Agency on terms unacceptable to either party, the dissatisfied party may either withdraw from the negotiations and the tender process or waive its confidentiality requirements.
Table of Contents A table of contents may be useful for long and/or complex specifications. Introduction An introduction “sets the scene” by providing a brief explanation of the requirement and its context, for example, the application, purpose or function of the required product or service. Scope If the detailed requirement is lengthy or complex, this section may be used to summarise the extent and limitations of the requirement. A full description of each element must be included in the Statement of Requirements (described below). The scope may include (but not be limited to): a brief description of the requirement; the application, purpose or function of the product required; anticipated demand; the period of the contract; whether the Tenderer will be required to supply, install and/or commission the requirement; whether the Tenderer will be required to provide training and documentation; service or maintenance requirements; the place of delivery, installation and/or commissioning; and anything that the Tenderer is not required to do or provide (that might otherwise normally be assumed to be part of the requirement) – for example the Department may supply certain equipment, software etc. Background Potential Tenderers may gain a better understanding of the requirement if they are provided with information on how and why the requirement arose. Background information may include: the origin of the requirement;