Procurement - Sub Contractors

Who will process Your Information?

Any personal data we collect about you (“Your Information”) will be processed by East Dunbartonshire Council, 12 Strathkelvin Place, Kirkintilloch, G66 1TJ (the “Council”).

You can contact the Council on:

 0300 123 4510

 customerservices@eastdunbarton.gov.uk.

Why will Your Information be processed?

Your information will be processed for the purpose of the evaluation, award, management and administration of any tender(s) / quotations(s) submitted to the Council in which you have been noted as the appointed subcontractor and in the event the tender/quotation is accepted the management and administration of any subsequent contract with the main contractor (the “main contract”) including making any payments due to or from you in respect of the main contract or any subcontract.

It may also be shared with other departments within East Dunbartonshire Council or other organisations for the same purposes and to:

  • check the information we hold is accurate;

  • prevent and/or detect crime; and

  • protect public funds.

Set out below are examples of why we need your information and how we use it:

Example 1: When you are referred to as a subcontractor in a tender/quotation, we will use the information provided to help us assess whether or not the tender/quotation meets our requirements for goods, services or works. 

The personal data we require to review will include but is not limited to, your name, address, your financial/banking information, sub-contract industry scheme reference number and the results of pre-contract checks e.g. PVG checks, financial checks probity, business due diligence and employee information.

We may also request additional personal information about you as a subcontractor during the clarification process, and in the event a tender is awarded - during the period of main contract.  This information would be for the purpose of setting up payment details on our financial management systems, creating record files, managing and administering the main contract etc.

Example 2: If you are due payment from the Council for goods, supplies, services, personal payment, refund of monies etc. in your role as a subcontractor which we are liable to pay, we will use your  banking details in order to make the necessary payments due to you. These will be held securely within our electronic files and also our Financial Management System. 

Example 3: Your information may be required for reporting purposes such as returning financial information to HMRC on Construction Industry Scheme deductions, Scottish Government annual reporting under the Procurement Reform (Scotland) Act 2014, and publishing on the Scottish Procurements Information Hub/Systems as part of the Public Procurement Reform programme.

Who will have access to Your Information?

Your Information may be shared with other departments within East Dunbartonshire Council, and other organisations including: bodies responsible for auditing or administering public funds, other councils, residents within East Dunbartonshire, the Scottish Government, public sector agencies, governmental departments, non-profit services, regulatory and law enforcement bodies and other private companies or entities. 

Example 1.Your information will be shared with other Council departments for the day to day delivery of any awarded contracts.

Example 2. Your information may be shared with tenants/residents who may be receiving work, or required to be notified of works being delivered by you as a subcontractor under the awarded contract.

Example 3.  The Council publishes invoice payment information and spend details to the Scottish Governments Information Hub (Spikes Cavel) for reporting purposes with the Scottish Government. Information on the Scottish Government Information Hub can be found here: http://www.gov.scot/Topics/Government/Procurement/eCommerce/ScottishProcurementInformationHub

Example 4. We have a mandatory legal requirement to publish contractual information in excess of £50,000 on our public contract register and on the Scottish Government’s public contracts website - if you are a sole trader this information will be personal information such as your name. This includes details of subcontractors to the main contract. The publication of regulated contracts is a legislative requirement within the Procurement Reform (Scotland) Act 2014.

What is the Council’s lawful basis for using Your Information?

The use of Your Information is necessary:

  • in order for the Council to fulfil the Council’s legal obligations under:
  • The Local Government (Scotland) Act 1973 (to ensure proper administration of the Council’s financial affairs (including the detection and/or prevention of fraud) (and providing such information as necessary to the Accounts Commission).
  • East Dunbartonshire Council Contract Standing Orders
  • The Procurement Reform (Scotland) Act 2014
  • Procurement (Scotland) Regulations 2016
  • Public Contracts (Scotland) Regulations 2015

Does Your Information have to be provided?

Without Your Information we may not be able to consider the tender/quotation and may be unable to award a contract to the main contractor or pay you correctly as a subcontractor. Without Your Information we will be unable to manage our relationship with you efficiently, appropriately and legally. 

How long will Your Information be kept?

East Dunbartonshire Council uses the Scottish Council on Archives Records Retention Schedules to manage the amount of time the Council keeps information.  Further information on these can be found here: https://www.scottisharchives.org.uk/resources/scarrs/

If you are searching SCARRS the Reference which covers your Information is as follows:

22.001.003 - 006      Contracting – Your Information relating to your position as a subcontractor will be held for 5 years from the end of the main contract (if contract not awarded a rejected supplier’s personal information will be held for 1 year  from the date an unsuccessful notice is issued);

22.003.004 – 6 Tendering –Your Information will be held for 5 years from the end of the main contract awarded from the tender submitted (unsuccessful contractors’ data will be held for 1 year from the award of the relevant contract. Records relating to second and third choice contractors may be kept throughout the contract to avoid re-tendering if successful contractor withdraws services);

12.004    Financial Transactions Management – your banking data will be held from the end of the current financial year it was provided for a period of six years.   

Your information will be retained for the minimum period necessary. Your Information will be destroyed under confidential conditions after this period.

Your rights over Your Information being held by the Council

  • Right of Access – you have the right to access the personal information we hold about you.  This right is called a Subject Access Request, often referred to as a SAR.  You can receive a copy of your personal data held by us, details on why it is being used, who it has been / will be shared with, how long it will be held for, the source of the information and if we use computer systems profile or take decisions about you.  Details on how to submit a Subject Access Request can be found here: https://www.eastdunbarton.gov.uk/council/data-protection/subject-access-request
  • Right to Rectification of Personal Data - You have the right to request that we correct any personal data held about you that is inaccurate.
  • Right to Erasure of Personal Data - You have the right to request that we delete personal data about you. This is known as the right to be forgotten.  You can request erasure of personal data in certain circumstances for example: i) the personal data is no longer necessary for the purpose it was collected; ii) it is  being processed unlawfully; iii) the personal data has to be erased due to a legal obligation we are subject to.
  • Right to Restrict Processing - You have the right to request that we restrict processing your personal data if: i) you think the personal data is inaccurate; ii) the processing is unlawful; iii) we no longer need the personal data but you may need it for legal purposes; or iii) you object to us processing for the performance of a public interest task or the official authority vested in us.

Details on how to complain to the ICO

You have the right to complain to the Information Commissioner’s Office (ICO) should you be unhappy with the way the Council has used Your Information.

Details on how to report a concern can be found here:- https://ico.org.uk/concerns/ 

Head Office Address:  Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 0303 123 1113 

Regional Scottish Office Address: 45 Melville Street, Edinburgh, EH3 7HL

Tel: 0303 123 1115

Email: scotland@ico.org.uk

Details on how to Contact the Council’s Data Protection Officer

Should you have any questions or concerns about the Council’s handling of Your Information you can contact the Council’s Data Protection Officer.

 

Karen Donnelly Data Protection Officer 
East Dunbartonshire Council
12 Strathkelvin Place
Kirkintilloch
G66 1TJ

Tel: 0300 123 4510 
dpo@eastdunbarton.gov.uk