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without being limited to, confidential aspects of tenders such as unit prices included in the financial offer, technical or trade secrets 9 . 

• The Contracting authority  may disclose the submitted tender in the context of a request for public access to documents, or in other cases where the applicable law requires its disclosure. Unless there is an overriding public interest in disclosure 10 , the Contracting authority  may refuse to provide full access to the submitted tender, redacting the parts (if any) that contain confidential information, the disclosure of which would undermine the protection of commercial interests of the tenderer, including intellectual property. 

  The Contracting authority  will disregard general statements that the whole tender or substantial parts of it contain confidential information. Tenderers need to mark clearly the information they consider confidential and explain why it may not be disclosed. The Contracting authority  reserves the right to make its own assessment of the confidential nature of any information contained in the tender. 

## APPENDIX: LIST OF REFERENCES 

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