Rochford District Council is the data controller for the purposes of the Data Protection Act 2018.
The Data Protection Officer for the Council can be contacted on DPO@Rochford.gov.uk
Why do we need your information? (The purpose and lawful basis for processing data)
For the collection and processing of personal data as part of a public procurement exercise in order to evaluate the proposals received in response to a call for quotation/tender referring to exclusion and award criteria set out in the Invitation to Tender (ITT) documents or Invitation to Quote (ITQ) documents.
And, to award the contract to the best candidate who meets minimum standards required and submits the most economically advantageous quotation/tender in terms of quality/price evaluation.
Local authorities can use information to carry out tasks that are in the public interest, as well as to provide services that we are under a statutory obligation to provide. Most personal information is processed in order to comply with a legal obligation and/or due to necessity for the performance of contract to which a tender is submitted.
Some acts of law provide a duty to process information, these include:
- The Local Government Act 2003
- The EU Public Contracts Directive 2014;
- The Public Contracts Regulations 2015;
- The Transparency Code 2015; and
- The Constitution of Rochford District Council, including Financial Procedural Rules and Contract Standing Orders.
What information we are collecting?
- Date of Birth
- Sickness records
- Pension contributions
- Contact details of bidders, their staff or sub-contractors such as their name, address, telephone number and email addresses
- Copy of the company registration
- Bank account details
- Financial turnover/accounts
- Evidence of Insurances held
- Details of any Professional misconduct
- TUPE data (as applicable)
- Criminal Activity/Criminal Record
- Health and Safety Records
- Evidence of the payment of social taxes
- Any other information gathered from other documents required in the ITT or ITQ documentation
How is it being collected?
- Electronically through the Procurement Portal – BIP Delta
- Tender/quotation documents
- CV’s of staff proposed for the provision of the goods/services/works
- Responses to questions as set out in a Standard Selection or Suitability Questionnaire of the ITT or ITQ
- Copies of certificates of different nature
- Other documentation required in the ITT or ITQ documentation
How will it be used?
The purpose of the processing is to use the various information in order to evaluate the proposals received in response to a call for quotation/tender referring to exclusion and award criteria as set out in the ITT or ITQ documentation and award the contract to the best candidate in terms of the most economically advantageous submission based on quality/price.
The purpose of publishing a call for tender/quotation is to open the competition, to increase the choice of potential suppliers, thereby achieving a better value for money result, while at the same time developing market opportunities for companies.
Who will the information be shared with?
- Internal Council departments
- External Auditors
- Hub Procurement Consultant – Braintree District Council.
- Other tenderers who have been unsuccessful as part of a debrief, in instances where the Council intends to award you a contract by sharing your personal information including the advantages of your tender/quotation including advantages of your quality/price submission, ahead of a formal award in accordance with the Council’s obligation to notify outcome of the procurement procedure and spend as required by the EU Public Contracts Directive, the Public Contracts Regulations 2015 and The Local Government Transparency Code 2015;
- Bodies charged with a monitoring or inspection task in application of EU/UK law (e.g. internal audits, Crown Commercial Services);
- Members of the public, in accordance with the Council’s obligation to publish information on the outcome of the procurement procedure and spend as required by the EU Public Contracts Directive, the Public Contracts Regulations 2015 and the Transparency Code 2015.
Retention Period of the data
Successful Tenderer – 7 years after the end of the contract – except if signed by seal 20 years.
Unsuccessful Tenders – 1 year after award.
The GDPR/Data Protection Act 2018 allows you to find out what information is held about you on paper and electronic records. In order to do this you can submit a subject access request to the Council’s Data Protection Officer. This service is free of charge.
In some circumstance where the information provided may be restricted, for example, where it contains confidential information about another person, where it will cause serious harm to your or someone else’s physical or mental well-being or if the information we give you may stop us from preventing or detecting crime.
In addition, you have the following rights:
- Ask for information to be changed if it is factually inaccurate
- Ask for information to be deleted in certain circumstances such as the purpose for which the information was provided in the first place is no longer relevant, where you withdraw you consent (unless there is no other legal reason for us to use it), we are legally required to deleted information.
- Ask for the information to be transferred back to yourself or another service provider. This only applies if we are using your information with consent and not if we are required by law to do so or if a decision was made by a computer and not a human being.