Contract management and contracts privacy notice
What this Privacy Notice covers
Your privacy is very important to South Holland District Council.
South Holland District Council is the Data Controller responsible for the personal information you may provide in relation to procurements being conducted and information concerning existing contracts. Our Data Protection Officer, John Medler, can be contacted by phone on 01775 761161, via email or by writing to us at Legal Services, South Holland District Council, Priory Road, Spalding, Lincolnshire, PE11 2XE.
Why we need your personal data
Your information will be used to evidence that we have followed a suitable procurement process, to contact successful suppliers for the purposes of contract management and to maintain our Contracts Register. The legal bases for processing your data under Article 6 of the General Data Protection Regulations are as follows:
1.(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
1.(c) processing is necessary for compliance with a legal obligation to which the controller is subject, namely under The Local Government Transparency Code 2015 and The Public Contracts Regulations 2015.
How your data is used
Your data which you upload onto our e-procurement website In-Tend of your own accord may be used to contact you concerning relevant procurements. This personal information is held on In-Tend and we are able to access it as and when we need to.
Your personal data may also be used as evidence that we have conducted a procurement exercise in a compliant and legal manner. We have a duty to perform procurements in a transparent, fair way and therefore we need to be able to evidence that we have done so. This can include keeping Selection Questionnaires, successful and unsuccessful tender responses (which may include CVs of the project team if these are submitted), evaluation spreadsheets and feedback letters.
Where we enter a formal agreement with suppliers, details of named contacts for members of the supplier's organisation will be held for the purposes of contract management. Additionally, we have a legal obligation to publish our Contracts Register. Internally this is held on a database accessible to most Council Officers. This database holds the name of the supplier and often the signed contract. We are required to publish our Contracts Register quarterly. The published version contains the supplier name and is available for the public to view on our website.
Occasionally, it will be necessary for us to share information with third parties, for example, when we are using specialist consultants as part of the procurement process. However, we will not disclose your personal information to third parties for marketing or sales purposes or for any commercial use, and we will not use your personal data in a way which may cause you harm. Any commercially sensitive information provided to us will not be shared with other suppliers.
How long the information is kept for
Your information is kept in accordance with Regulation 83 and Regulation 84 of The Public Contract Regulations 2015 and in accordance with our Constitution.
Our Constitution states that records required 'must be kept for six years (twelve years if the contract is under seal) after the final settlement of the contract'. Thereafter the data will be securely destroyed.