Public procurement projects, non-disclosure agreements with private businesses/companies: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/18/03455  
Date received: 13 November 2018  
Date responded: 20 December 2018
Information requested
"Details of any non-disclosure agreements between the Scottish Government and private businesses/companies or sole traders in each of the last five years. Information should include the amount spent on non-disclosure agreements, the number of agreements,  the most expensive non-disclosure agreement agreed, and any other relevant information on the nature of those NDAs”, and later amended your request by saying, “can I amend to SG public procurement projects over the last 5 years?"


The answer to your question is that, in relation to SG public procurement projects conducted by the Scottish Procurement & Commercial Directorate over the last 5 years only, a total of twelve (12) contract awards have been made where non-disclosure agreements (NDAs) were agreed between SG and “private businesses/companies or sole traders”. Where appropriate each bidder who submits a tender signs the NDA but the terms of the NDA only apply to the winning bidder. There have been no monetary sums exchanged between parties for these agreements.

Part of your question asked about “other relevant information on the nature of those NDAs”;

in response to this you may find it useful to look at a draft NDA template used as baseline for many NDAs within our directorate, please see Annex A to this letter.


About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at
foi-18-03455 Annex A


Please quote the FOI reference
Central Enquiry Unit 
Phone: 0300 244 4000 

The Scottish Government 
St Andrew's House 
Regent Road 

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