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Can a supplier, in a FOIP request, gain access to evaluation or rating documents used to determine who is the successful bidder?

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Can a supplier, in a FOIP request, gain access to evaluation or rating documents used to determine who is the successful bidder?

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• Partly. Public tender documents and evaluation criteria are routinely available. Evaluation notes, summaries, weighting factors and other evaluation documents based on information supplied by the contractor but created by the institution may be withheld under section 19 if they include references given in confidence about the contractor’s suitability or confirmation of qualifications. • There may also be reason to withhold parts of the record if they reflect the advice or recommendations of employees as to a suggested course of action (section 24(1)(a)). The names and position titles of employees who conducted the evaluation would not be considered personal information because they performed the assessment as a part of their duties.

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