Transparency of council contracting
The council is committed to operating its contract procedures in accordance with the principle that they must be open and transparent and following the public sector transparency agenda.
That means it operates to the principle that the wording of all public contracts will be freely available to the public. The same applies to all documents referred to in contracts.
However the council recognizes that there are some circumstances when that cannot be done. That will be where good reason can be shown that significant commercial prejudice will be caused either to the council or its contractors by openly publishing contract information. The public interest will also be a relevant factor. It is only in such circumstances that the council will agree to keep information confidential but even then circumstances can arise where the law prevents it from doing so.
To ensure that all concerned are aware of these principles the following clause will ordinarily be inserted in all contracts:
- The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA (“the Act”) the text of this Agreement, and any Schedules to this Agreement, is not Confidential Information.
The Authority shall be responsible for determining in its absolute discretion whether any part of the Agreement or its Schedules is exempt from disclosure in accordance with the provisions of the Act.
- Notwithstanding any other term of this Agreement, the Contractor hereby gives its consent for the Authority to publish this Agreement and its Schedules in its entirety, including from time to time agreed changes to the Agreement, to the general public in whatever form the Authority decides.