Bidding Opportunities

New suppliers, and suppliers with existing Ariba network IDs, can register with TransLink by completing the online registration form.

Once the registration form is submitted, you will receive an email with an activation link to complete your company profile to finalize the registration process.

It is recommended that suppliers register with TransLink at least 3 business days in advance of the opportunity closing time.

The Freedom of Information and Protection of Privacy Act (FIPPA) sets out the access and privacy rights of individuals as they relate to the public sector.

FIPPA establishes an individual's right to access records, including access to a person's own personal information as well as records in the custody or control of a public body (with certain exceptions).

In addition to establishing an individual's right to access records, FIPPA also sets out the terms under which a public body can collect, use and disclose personal information of individuals. Public bodies are accountable for their information practices, and FIPPA requires that they take reasonable steps to protect the privacy of personal information they (and, by extension, their service providers) hold.

Under FIPPA, "records" include documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by any means - whether graphic, electronic, mechanical or otherwise - that are in the custody or under the control of a public body.

Records "in the custody or under control" of TransLink (or its subsidiaries)

"Custody" refers to having physical possession of the records, including responsibility for their storage, access, management, maintenance, preservation, security and disposal.

A record is under TransLink's "control" if it (or any of its subsidiaries) has authority to restrict, regulate or administer the content, use, or disposal of that record. Control can exist even if its records are held off-site by a contractor.

Control is indicated in circumstances where:

• a contract permits TransLink (or one of its subsidiaries) to possess or obtain specific records produced, received or acquired by the contractor as a result of the contract;

• a contract includes a requirement for the contractor to maintain the records or submit them to TransLink (or one of its subsidiaries).

If an access request is received by TransLink (or one of its subsidiaries), responsive records in TransLink’s custody or under TransLink’s control must be provided to the Information Access (FOI) office, for review and disclosure within specific timelines.

As a bidder for a contract procurement, you will be required to provide TransLink, or one of its subsidiaries, with certain information that could become subject to disclosure under FIPPA. Custody or control over certain records you produce (or have access to) may also fall to TransLink and, therefore, become subject to FIPPA’s access & privacy requirements.

Such information is subject to disclosure under FIPPA, unless one (or more) of FIPPA’s exceptions to disclosure apply.

In order for certain sensitive commercial information to be withheld from disclosure, the bidder or contractor must meet a three-part test under FIPPA’s s. 21(1) – “Disclosure harmful to business interests of a third party.” It is important to note that if only one or two parts of the test are met, the information cannot be withheld. ALL THREE PARTS must apply to the content in question.

21 (1)The head of a public body must refuse to disclose to an applicant information

1. (a)that would reveal

• (i)trade secrets of a third party, or

• (ii)commercial, financial, labour relations, scientific or technical information of or about a third party,

2. (b)that is supplied, implicitly or explicitly, in confidence, and

3. (c)the disclosure of which could reasonably be expected to

• (i)harm significantly the competitive position or interfere significantly with the negotiating position of the third party,

• (ii)result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied,

• (iii)result in undue financial loss or gain to any person or organization, or

• (iv)reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute.

Information that is not required to be released may include bids or proposals supplied, in confidence, or other commercial information that would be expected to significantly harm third party business interests, as outlined in s. 21(1).

Circumstances under which s. 21(1) would NOT apply to withhold bidder/contractor information might include the following:

• Example 1: Commercial information was supplied in confidence to TransLink, but was later subject to negotiation & acceptance and has since been converted to become part of a final contract (either in the main body or as a schedule/appendix). Once this occurs, the information is no longer classified as “supplied,” so part (b) does not apply. Therefore, s. 21(1) cannot be applied to withhold the information.

• Example 2: Records constituting trade secrets or commercial information outlined in part (a) have been supplied to TransLink in confidence in accordance with part (b), and do not form a final contract, but the record content does not meet the test for harms outlined in the subsections under part (c). Again, with only two (of the three required) parts of the harms test met, s. 21(1) cannot be applied to withhold the information.

In normal circumstances (with a few exceptions), information such as final, executed contracts (and their schedules), purchase orders, payment requisitions, invoices, status/event/operating or other reports (required to be submitted to TransLink or one of its subsidiaries in the performance of contracted work) are releasable.

Because TransLink and its subsidiaries are legally bound by FIPPA, our requirements under FIPPA prohibit us from guaranteeing the confidentiality of records in our custody or under our control. However, when responding to access requests, TransLink will always carefully review the record content and will do its best to protect the commercial interests of its contractors.

Bidders and contractors can be assured that TransLink’s Information Access (FOI) office reviews all proposed disclosures with the responsible program area(s) and consults, where appropriate, with third parties (bidders/contractors) prior to release.

When submitting sensitive business information, bidders/contractors should clearly indicate this on the records. Such a statement should be in explicit and in writing, outlining the expectations for the use and disclosure of the information. It should be reserved for legitimately sensitive material and not routinely applied in every instance in an attempt to protect all records from disclosure.

In addition, TransLink’s tender and contract documents may contain the following statement:

CONFIDENTIALITY AND FREEDOM OF INFORMATION: All proposal information provided to TransLink by potential contractors is understood to be supplied, explicitly, in confidence. However, suppliers should be aware that the Freedom of Information & Protection of Privacy Act applies to all records (including proposal submissions), and that TransLink and its subsidiaries must comply fully with all provisions of the Act.

Bidders and contractors can be assured of TransLink’s compliance with their requirement to notify and consult with third parties as set out in FIPPA’s Division 3:

• 23(1) If the head of a public body intends to give access to a record that the head has reason to believe contains information that might be excepted from disclosure under section 21 or 22, the head must give the third party a written notice under subsection (3).

• (2) If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 21 or 22, the head may give the third party a written notice under subsection (3).

• (3) The notice must

• (a) state that a request has been made by an applicant for access to a record containing information the disclosure of which may affect the interests or invade the personal privacy of the third party,

• (b) describe the contents of the record, and

• (c) state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the public body explaining why the information should not be disclosed.

• (4) When notice is given under subsection (1), the head of the public body must also give the applicant a notice stating that

• (a) the record requested by the applicant contains information the disclosure of which may affect the interests or invade the personal privacy of a third party,

• (b) the third party is being given an opportunity to make representations concerning disclosure, and

• (c) a decision will be made within 30 days about whether or not to give the applicant access to the record.

While TransLink is not legally required to notify or consult with third parties when access requests are received or when releasing contractor information that does not meet the test for harms under s. 21(1), staff may occasionally inform their business contacts as a courtesy, at their discretion when convenient and/or as appropriate.

There may be instances where a company, as part of its contractual arrangements with TransLink or one of its subsidiaries will submit personal information about their employees (or other third parties). In such instances, the information must be protected from unauthorized use or disclosure under FIPPA, and TransLink follows strict protocols to ensure such protections.

Individuals retained under contract to perform services on behalf of, or for, public bodies, may be considered "employees" for the purpose of the Act. In this context, information about the individual’s name, title, job function and remuneration (including hourly rates) under the contract may be releasable. However, personal information (such as details of an individual’s past work history, summary of qualifications or resumes) must be withheld from disclosure.

Other examples of personal information include:

• An individual's medical or psychological history, diagnosis, condition, treatment or evaluation;

• Information revealing an individual's racial or ethnic origin, sexual origin, sexual orientation, religious or political beliefs;

• Information obtained on a personal tax return or gathered for the purpose of collecting tax;

• Personal recommendations, evaluations or character references;

• Information revealing details of personal finances, income, assets, liabilities, net worth, bank balances, financial history/activities or credit-worthiness of an individual;

Contractors have the same requirement to protect all personal information in its custody or under its control for the purpose of the contract, and are obliged to comply with FIPPA’s privacy provisions.

If TransLink receives a request for records that include third party personal information, it will be withheld from disclosure under FIPPA’s s. 22.

• Clearly identify, within the contract, which parties have custody and/or control over what records created or generated over the course of the agreement, and outline your records management/storage practices for information in your custody.

• Include a confidentiality agreement for commercial information that is likely to result in significant harm to your business interests, if disclosed.

• Understand that all information generated under this contract is subject to review and potential disclosure under FIPPA.

• Be aware that FIPPA imposes obligations for the protection of any personal information you may collect or store for (or on behalf of) TransLink (or any of its subsidiaries).

• As well as the privacy protection requirements set out by FIPPA, storage of the personal information must also comply with TransLink’s security standards to protect it from unauthorized access, use, disclosure or disposal.