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S.L. 601.05 · Part I · General Provisions

Regulation 62. Confidentiality

Principles underlying the Procurement Process

Text of the consolidated version in force from 1 January 2024. Where this page and legislation.mt differ, legislation.mt prevails: official textThe Maltese and the English texts are both official; where they conflict, the Maltese text prevails. This page shows the English text.

(1) Subject to the obligations established under these regulations and or any other law obliging the Director or the contracting entity to disclose information, a contracting entity and, or the Director shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.

(2) Without prejudice to the provisions of these regulations, the following information shall not be considered as confidential:

(a) the name of the bidders and the individual names of the members of a group of economic operators who submitted a particular tender;

(b) the name of the sub-contractors;

(c) the documentation submitted by economic operators attesting that they comply with selection criteria;

(d) technical information which is already public.

(3) Contracting entities may impose on economic operators requirements aimed at protecting the confidential nature of information which the contracting entities make available throughout the procurement procedure, including information made available in connection with the operation of a qualification system, whether or not this has been the subject of a notice on the existence of a qualification system used as a means of calling for competition.

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General information on the Public Procurement Regulations in force. Not legal advice.