Section 18Part 6 — MISCELLANEOUS
Confidentiality
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A procuring entity shall not, in its communications with suppliers or contractors or with any person, disclose any information if the disclosure of such information threatens the essential security interests of the Government or the disclosure of such information would —
be contrary to law;
impede law enforcement;
prejudice the legitimate commercial interests of the suppliers or contractors; or
impede fair competition,
except where the disclosure of that information is required by law or ordered by a court and, in such case, subject to the conditions of such an order.
A procuring entity shall treat submissions in such a manner as to avoid the disclosure of their contents to competing suppliers or contractors or to any other person not authorised to have access to the information, other than when providing or publishing information required by law.
Any discussions, communications, negotiations or dialogue between a procuring entity and a supplier or contractor shall be confidential and a party to such discussions, communications, negotiations or dialogue shall not disclose to any other person any related technical, price or other information without the consent of any other party or parties to such discussions, communications, negotiations or dialogues, unless the disclosure is ordered by a court or required by law.
Subject to subsection (1), in procurement involving confidential information, a procuring entity may —
impose on suppliers or contractors requirements aimed at protecting confidential information; and
require that suppliers or contractors ensure that their sub-contractors, directors, officers and employees comply with the requirements aimed at protecting confidential information.
Every public officer involved in a public procurement project shall keep all information, deliberations and decisions relating to the procurement project confidential, subject to any disclosure required by law or by order of a court, and shall be required to sign a confidentiality statement for each procurement project that the public officer is involved with.
Every Chief Officer or Chief Executive Officer shall be responsible for the disclosure of pertinent and permissible information relating to the award of a contract.