Confidentiality of bids

Confidentiality of bids means protecting bids and bid-related information from unauthorized disclosure during and after a competitive procurement. In Canadian federal procurement practice, bid information may be disclosed only to individuals authorized to participate in the contracting process. It must not be disclosed to, or discussed with, private industry, as the Office of the Procurement Ombudsman reports.

The idea rests on fairness, impartiality, competition and the protection of supplier commercial information. A related formulation appears in Government of Canada publications, which state that ideas and proposed techniques in unpaid bids remain the property of the firms that submitted them and must be kept strictly confidential (1981 publication; 1977 publication).

What confidentiality of bids covers and what it does not

Confidentiality is not secrecy from every party. Authorized procurement officials and evaluators can access bid information where they need it. The limit is on who receives it: only people participating in the procurement.

Related concepts include commercially confidential information, secure bid receipt, commercially confidential meetings, and confidentiality in debriefings. The Access to Information Act also protects certain confidential commercial, financial, scientific and technical information that third parties supply to government.

How federal evaluators handle bid information

Federal evaluators must be told to treat bid information securely and confidentially. The prescribed instruction is that the information may be divulged only to individuals authorized to participate in the contracting process. The Procurement Ombudsman's review sets out this instruction.

Crown corporations apply the same principle. The CMHC procurement policy states that bids are reviewed according to fairness, impartiality and confidentiality. It also says procurement personnel must not disclose supplier information that could prejudice fair competition.

Secure receipt and sealed bids

Indigenous Services Canada tendering guidance says bids should be kept secure and confidential, and unopened until the designated opening date and time. The same guidance says the number of bids received and the names of bidders should also stay confidential. Disclosing them can affect the integrity of the tender process.

Commercially confidential meetings and debriefings

In some negotiated requests for proposals, Public Services and Procurement Canada and Shared Services Canada hold commercially confidential meetings with potential bidders before bid closing. The PSPC publication describes these meetings as a place to discuss confidential aspects unique to a bidder's proposed solution.

Information that clarifies or supplements the solicitation must still go to all potential bidders. Anything commercially confidential to one bidder is removed first, according to the Procurement Ombudsman's guidance.

Confidentiality also applies after the award. When an unsuccessful supplier requests a debriefing, the government can explain the evaluation factors and criteria while respecting each bidder's right to confidentiality for specific information. The Procurement Ombudsman addresses this practice.

What confidentiality of bids means for a supplier

• Submit the bid only by the method, and to the recipient, that the solicitation specifies.
• Do not discuss bid contents outside authorized channels.
• Identify genuinely confidential commercial information where the solicitation permits or requires it.
• Use a commercially confidential meeting, where one is offered, to raise points unique to your solution.
• Expect that information may still be disclosed where procurement rules or access-to-information legislation require it.

The duty runs both ways. Suppliers are also expected to respond honestly and fairly, and to bid only when they can meet the obligations in the bid or contract documents, as Defence Construction Canada requires.