Privacy statement for the procurement process
This is a specific privacy statement for the collection and processing of personal data by Swansea Council as part of a public procurement exercise.
This statement is additional to our core data protection obligations and commitments which are set out in the council's corporate privacy notice, details of which can be found at www.swansea.gov.uk/privacynotice.
Who is collecting your personal data and why do we need to do this?
Swansea Council is the data controller for all the personal data that you provide to us. We collect this data in order to evaluate the proposals we receive in response to any invitation to tender (ITT) or request for quotation (RFQ) document that we issue. We do this in order 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.
The personal data you give to us as part of the procurement process is needed to make sure that the council is able to undertake the required due diligence processes for bidding organisations. We need to perform background checks (such as credit checks) on each bidding organisation, which are a necessary part of the procurement process.
We may also need to receive a curriculum vitae (CV) from you. This helps us evaluate whether you have the necessary qualifications and experience to carry out your role in delivering the contract. The council also needs to collect your personal data to help us communicate with you during the procurement process.
Please note that failure to provide the prescribed personal data we require may mean that your organisation is excluded from the procurement process.
What data we collect from you
We get your information from:
- tender/quotation documents
- CVs of staff proposed for the provision of the goods/services/works
- responses to questions as set out in the selection questionnaire of the ITT or RFQ
- copies of certificates of different nature
- other documentation required in the ITT or RFQ documentation.
The lawful basis for our collecting your personal data
The lawful basis for processing your personal information is covered under Article 6(1)(b) of the General Data Protection Regulation. The use of your personal data is to gauge the performance of the contract we enter into with you, should you be successful.
How your information will be used
We publish a call for tender/quotation to open the competition and increase the choice of potential suppliers. This achieves better value for money result, while at the same time developing market opportunities for companies.
Who will we share your personal data with?
Your personal data will be shared with members of the evaluation panel, the contract lead, together with other Procurement, Financial and Legal staff of Swansea Council as part of the procurement process. We may also share your information with:
- consultants and external advisors commissioned by Swansea Council to assist with the procurement process
- other local authorities in cases where the council collaborates on joint procurement activity
- bodies charged with a monitoring or inspection task in application of EU/UK law (for example internal/external audits)
- members of the public. The council has to publish information on the outcome of the procurement procedure as required by the EU Public Contracts Directive and the Public Contracts Regulations 2015.
How long we retain your personal information
Tender and quotation information is kept on an electronic tendering system. Permission and access to the system for all council officers is controlled and monitored by a lead officer within the Procurement Team.
Information of a successful bidder is kept for at least 6 years following the discharge of the contract in question when agreement is signed under hand. For agreements sealed as a deed the retention period is 12 years following the discharge of the contract. For unsuccessful bidders documentation held is destroyed 1 year after commencement of the contract. All information stored electronically shall be deleted in a secure method in line with council policy.
Your right to complain about the way we handle your data
The council sets very high standards for the collection and appropriate use of personal data. We therefore take any complaints about data handling very seriously. Your rights are laid out in the council's corporate privacy notice referred to above.
We are confident that we can resolve most issues informally. Should you wish to make a complaint, in the first instance we would ask that you try and resolve data handling issues directly with the relevant department. You can also ask our Data Protection Officer firstname.lastname@example.org to intervene should you encounter difficulties achieving a resolution with the relevant section.
If you are unable to resolve your complaint informally, you can ask for your issue to be investigated by our Complaints Team. You can do this by submitting the online form or by writing to Corporate Complaints, Swansea Council, Guildhall, Swansea, SA1 4PE.