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Doing business with Kirklees Council - Freedom of information

Corporate Information Management - October 2010
freedom.info@kirklees.gov.uk

Kirklees Council is a "Public Authority" within the meaning of the Freedom of Information Act 2000 and therefore, any requests for information held by the council or another person on the council's behalf (for example a contractor) must be dealt with in accordance with the Act.

As part of the duties and responsibilities under the Act, the council may disclose to any person making a request, information relating to your business, the council's tender and evaluation process or any contract with the council. The council may also publish all or some of that information or the contract in its Publication Scheme required under the Act.

If any information provided to the council contains trade secrets, or is considered by the tenderer genuinely to be commercially sensitive or confidential in nature as defined in the Act, please indicate in your tender submission the information considered to fall within these exemptions with explicit reasons which reflect the terms of the Act. In such cases, any request for disclosure of the relevant material will be examined in the light of the exemptions contained in the Freedom of Information Act 2000 and public interest test. The contractor will be consulted before any disclosure is made, unless the council has made it clear that this type of information would be disclosed.

You should be aware however, that the Act is likely to be interpreted to allow details generally to be placed in the public domain. The council will not accept information on terms that purport to prevent any possible future disclosure in compliance with the law.

The council reserves the right to disclose details of the contract or contract process (including without limitation, the name of successful tenderer, overall contract price and the council's requirements) and the contract conditions provide for this.

The council will not be liable for any loss or damage you may suffer from the council's disclosure of information in accordance with the Freedom of Information Act.

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