COI letter regarding the Government Transparency Agenda

22 10 2010

Dear Supplier

Government Transparency Agenda

In ‘The Coalition: our programme for Government’ the government set out the need for greater transparency across its operations so that the public could hold to account public bodies and politicians.

To help achieve greater transparency in how central government spends public funds and to help deliver better value for money, the Prime Minister has set out specific commitments in procurement and contracting:

  • All new central government tender documents for contracts over £10,000 to be published on a single website from September 2010, with this information to be made available to the public free of charge.
  • All new central government contracts over £10,000 to be published in full from January 2011.

The commitment to publish contract documentation applies to the result of all competitive tenders from existing framework agreements which means that the majority of COI’s procurement activity is within the scope of this commitment. COI is awaiting further guidance as to whether the contracts will be published on COI’s website or on a single government website. Further information regarding which website will be used will be published on the COI website as soon as it is available.

Under the terms of this commitment, certain redactions may be required prior to publication in order to protect certain types of information which may be considered exempt from publication. Redactions of contractual text will be permitted in line with the exemptions set out by the Freedom of Information Act.

For new framework agreements, COI will include two new clauses covering our right to publish and redactions. However, as COI frameworks operate on a four-year cycle, this exercise will not be complete until 2012. Therefore, the decision has been taken to introduce the following two clauses in all existing framework agreement terms and conditions, effective from the date of this letter:

RIGHT TO PUBLISH

1) The parties acknowledge that; except for any information which is declared by COI to fall within one or more of the exceptions in the Redactions Clause; the content of any Contract is not Confidential Information. Notwithstanding any other clause of this Agreement, the Contractor hereby gives his consent for COI to publish a Contract in its entirety, including from time to time agreed changes, to the general public.

2) The Contractor shall assist and cooperate with COI to publish any Contract content.

 

REDACTIONS

COI may, at its sole discretion, redact information from the Contract prior to publishing for one or more of the following reasons:

  • national security;
  • personal data;
  • information protected by intellectual property law;
  • information which is not in the public interest to disclose ( under a Freedom of Information Act analysis)
    • third party confidential information;
    • IT security; or
    • prevention of fraud

 

These clauses are not considered contentious and should be acceptable, however, if you wish to discuss them or the wider transparency agenda, please feel free to contact me.

 

Yours faithfully

 

Bob Ager

Head of Procurement

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