Market referee proposes confidentiality clause for public acquisition contracts

The Romanian National Authority for the Regulation and Monitor of Public Acquisitions (ANRMAP) purposes the introduction of confidentiality clauses in standard contracts and attribution documents in the public acquisition domain for transport, environment and energy, open to public debate.

In regards to the contract for products supply, the proposal reads that the employer, without the written consent of the other party, is not entitled to:

• make the contract or any of its chapters known to a third party, except to those involved in carrying out the contract;

• use the obtained information and documents or those to which the have access to during the period over which the contract takes place to another purpose other that carrying out engagements stipulated in the contract.

• The release of any information for the persons involved in carrying out the contract will be confidential and will extend to include only the data necessary to carry out the contract.

The hired parties will be spared the responsibility for disclosing contract information in three cases:

• the information was known by the employer before it was received from the other employer;

• the information was disclosed after a written agreement was obtained from the other employer for such a disclosure;

• the employer was legally forced to reveal the information.

The confidentiality clauses are also entailed in the models open for debates in the case of woks design and execution, services and technical assistance.