Delta State Transportation Data Management Law

DELTA STATE TRANSPORTATION DATA MANAGEMENT LAW

1. Short title. This Law may be cited as the Delta State Transportation Data Management Law, 2022.

2. Interpretation. In this Law, unless the context otherwise requires: "Applicable Law" means any Resolution, Law, Statute, Act, Decision, Ordinance, Rule, Directive (to the extent having the force of law), Order, Treaty, Code or Regulation or any interpretation of the foregoing by a relevant authority having jurisdiction over the matter in question, as enacted, issued or promulgated by any relevant authority, including amendments, modifications, extensions, replacements or re-enactments thereof, in each case applicable in Delta State or in Nigeria; "Committee" means the Delta State Transportation Management Committee established in Section 6 of this Law; "Concession Agreement" means the agreement between the Department and the Concessionaire; "Concessionaire" means System Administrator or the Private Sector Participant; "Data Protection Audit Report" means a report by the Department to the National Information Technology Development Agency in compliance with the provisions of the Nigerian Data Protection Regulation on security of Personal Information obtained; "Data Protection Compliance Officer" means the Officer of the Department charged with the responsibility of securing and managing the Passenger Information Data collected for the NMTS Protocol; "Department" means the Transportation Data Department established in Section 4 of this Law; "Digital Asset" means GIGX or any other trusted digital measure of value as may be approved by the Department; "Federal Government" means the Federal Government of Nigeria; "GIGX" means any payment platform and the native token of such payment platform which shall be responsible for the offering of remittances, collection and general payments processing; "Government" means of Delta State Government; "Law Enforcement Agency" means the Nigeria Police Force or any other security apparatus within the State; "Local Government" means any of the 25 Local Government Councils in Delta State; "Material Adverse Action(s)" means any act(s) or omission(s) by any of the Parties to any Concession granted pursuant to this I.aw and which renders the Parties unable to comply with all or a material part of their obligations under the Concession granted and/or has a material adverse effect on the cost or the profits arising from such performance. The details of what constitute Material Adverse Action(s) shall be filly agreed upon and determined by the Parties and included in the Concession Agreement to be entered into by them; "NTMS Protocol" means National Transport Management Systems Protocol; "Park Operator(s)" means any person or company running a fleet of motor vehicles moving Passengers into out of Delta State; "Passenger" means any individual or of individuals taking public transportation into Delta State or any individual taking public transportation to any other State in Nigeria from Delta State; "Person" means both natural and artificial person, except where the otherwise indicates; "Personal Information" means all such information about a Passenger as may be requested by the Road Transport Operator pursuant to this Law, including but not limited to the Name, Date of Birth, Residential Address, Number, Email and Destination of such Passenger; "Private Sector Participant" means any person or body corporate who enters into a contract or his been granted a concession by the Government and undertakes to develop the NTMS Protocol and process the data collected on it; "Public Purpose" means any purpose which aids the Government in planning infrastructure and economic development, or putting adequate mechanisms in place to monitor the security situation connected with the operation and management of the Transport Systems in Delta State; "Public/Commercial Road Transport" includes taxis, buses, cars and all other means of by road and which are operated for commercial purpose; "Road Transport Operator" means any participating individual or body corporate whom through any online or offline channel/platform, owns, operates, manages, utilizes, directs, connects and/or controls any form of transportation or transport business duly authorized and/or licensed to operate. intra-state trips within Delta State and inter-state trips to and from Delta State; "State" means Delta State of Nigeria; "System Administrator" means the person or body responsible for the financing, design, construction, operation, maintenance and management of the NTMS Protocol, creation and management of the NTMS Protocol as well as processing Personal Information collected on the NT MS Protocol; including the Private Sector Participant employed pursuant to the provisions of this Law; 'Terminal" means the portable hand held device on which Personal Information is collected for onward transmission to the NTMS Protocol server.

3. Objectives of the Law. The Objectives of this Law shall be to: (a) provide Government with information on persons commuting within, coming in and going out of the State from time to time, by; (b) facilitate Government's preparation for traffic and control within the State; (c) provide Government with additional data necessary for the development of infrastructure required for the management of traffic within the State; (d) provide Government with information which may be used in the upgrade of the traffic situation in the State; and (e) collate information to facilitate the protection of commuters in the event of road traffic accidents or any emergencies.

4. Establishment of Transport Data Management Department/Power of Directorate of Transport and the Department. (1) There is established in the State Directorate of Transport, a Department to be known as the Transportation Data Management Department. (2) The Department shall: (a) serve as the Secretariat for the Transport Management Committee; (b) maintain a secured databank of all Passenger's Personal Information collated through the NTMS Protocol System; and (c) process all data collected or generated through the NTMS Protocol to enhance the planning and management of the transportation system in the State. (3) The Directorate of Transport through the Department is hereby empowered to implement the NTMS Protocol aimed at the secure collection and processing of Passenger's Personal Information for the purpose of planning and management of transportation system and revenue generation in the State.

5. Head/Secretary of the Department and Committee. (1) The Department shall be headed by an Officer of the Directorate of Transport not below the rank of a substantive Director in the Public or Civil Service of fie State who shall serve as the Secretary to the Committee. (2) The Head of the Department shall as Secretary to the Committee, be subject to the general control of the Committee and shall be responsible for: (a) the day to day administration of the Department; (b) the administration of the Secretariat of the Committee; (c) convening the meeting of the Committee on the directive of the Chairman; (d) keeping the books and proper records of proceedings of the Committee; and (e) any other duties as may be assigned by the Committee from time to time.

6. Establishment, composition and tenure of Members of the Committee. (1) There is hereby established the Delta State Transportation Management Committee, to oversee the day to day activities of the Transport Data Management Department. (2) The Committee shall consist of the following: (a) the Commissioner for Transport as Chairman; (b) one representative each from the following: (i) Association of Local Government of Nigeria (ALGON) Delta State; (ii) National Union Transport Workers; (iii) Park Operators; (iv) Delta State Internal Revenue Service; (v) The Nigerian Police; (vi) Directorate of State Services; and (c) the Secretary to the Committee. (3) Membership of the Committee in subsection (2)(b) of this Section shall be by virtue of offices they hold; provided that no member shall hold office for a term of than four (4) years renewable for another term of four (4) years and no more.

7. Functions of the Department. The Department shall: (a) ensure the mandatory adoption and payment of registration fees the registration with NTMS Protocol by all Road Transport Operators and refuse to grant an NTMS Protocol Permit to existing and potential Road Transport Operators who do not meet the minimum requirements as required by the Department for the grant of an NTMS Protocol Operator's Permit; (b) revoke the NTMS Protocol Operator's Permit of all existing Road Transport Operators who are not NTMS Protocol compliant within ninety (90) days of the enactment of this Law or such extended time as the Department may approve upon application to the Department by the Road Transport Operator; (c) formulate guidelines for the issuance of NTMS Protocol Operator's Permit to Road Transport Operators including the requirement to have roadworthy vehicles and conducive terminals as the Department may determine; (d) formulate and implement guidelines for the installation and operation of the NTMS Protocol on the Transport Operators' platform(s); (e) ensure that Road Transport Operators who carry out interstate transportation only operate from approved and designated motor parks and stations; (f) ensure that all Road Transport Operators whose operations originate and terminate in the State must keep a detailed manifest containing the information of all commuters at all times; (g) be responsible for the management and implementation of the NTMS Protocol; (h) ensure the security of all data collected and processed on the NTMS Protocol; (i) be responsible for immediate transfer of information within twenty-four (24) hours from the actual time of collection of such information; (j) monitor and ensure the compliance by Road Transport Operators of data protection standards under the Nigerian laws; (k) ensure speedy redress of passenger's complaints regarding the activities of the Road Transport Operators as it relates to the NTMS Protocol; (l) initiate investigations into erring Road Transport Operators as regards compliance with the requirement to operate the NTMS Protocol; (m) monitor and supervise compliance with the provisions of this Law; and (n) enter into, carry out, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation as may be necessary for the achievement of the objectives of this Law.

8. Secure Management of Personal Information. The Department in the collection and management of the personal information of passengers under this Law shall: (a) ensure that the personal information is obtained with the express consent of the passenger; (b) ensure that the information collected is in accordance with the specific, legitimate and lawful purpose consented to by the passenger; (c) develop security measures to protect all personal information of passengers in its custody from hackers; (d) prepare and submit to the Nigeria Information Technology Development Agency, not later than of March every year, a Data Protection Audit Report of its privacy and data protection practices in such form and manner as may be directed by the Nigeria Information Technology Development Agency; and (e) report any breach or infringement of any protected personal information data to the Agency.

9. Power to make Regulations. The Department may make Regulations for the purposes of prescribing: (a) the circumstances in which the Passenger Information may be collected; (b) the time within which and the manner in which the Passenger Information may be collected; (c) the circumstances in which further Passenger Information may be required from a specific group of persons, including infants, foreigners, etc; and (d) specific circumstances under which the Passenger Information collected and processed may be retained longer than the period stipulated under this Law or any other Law in force in Nigeria.

10. Powers of the Department to Delegate Functions. (1) The Department may, in consultation with the Commissioner for Transport in the State, delegate any of its functions under this Law to the Local Governments or the local branches of the National Union of Road Transport Workers as the Department may deem fit for the proper and effective implementation of its powers and functions under this Law. (2) The Department may authorise any Law Enforcement Agency to act as its enforcement agent for the purpose of giving effect to the provisions of this Law.

11. Penalties of Non-Compliance. The Department is entitled to charge, retain and utilise for its purposes, penalties imposed for violation of this Law and the Rules and Regulations made under this Law.

12. Collection, Processing and Sharing of Information. (1) The Road Transport Operator shall collect the relevant fees through the NTMS Protocol and according to such manner as may be stipulated by the Department, and the Personal Information of any Passenger who is commuting within, leaving and entering into the State. (2) Every Passenger shall be required to provide true, accurate and complete Personal Information necessary for the purposes of this Law. (3) Except as otherwise provided under this Law, Personal Information necessary under this Law shall be as specified by the Department from time to time, provided that such information shall include: (a) the first name, surname, middle names and maiden names (if any); (b) Date of Birth; (c) Sex; (d) Home Address; (e) Destination in Delta State (where applicable); (f) Email Address (where applicable); (g) Phone Number; (h) Next of Kin: (i) Full Name; (ii) Address; (iii) Phone Number; and (i) Any other information as may be deemed relevant by the Department.

13. Duties of Road Transport Operator. (1) The Road Transport Operator shall be responsible for: (a) creating a computerised/internet system for its operation and ensuring the installation of the NTMS Protocol on its system or the linkage of its system with the NTMS Protocol server within three (3) months from the commencement of this Law or such extended time as the Department may deem appropriate or expedient in deserving cases; (b) ensuring that all Passengers on board its vehicles are duly registered on the NTMS Protocol; (c) verifying the Passenger Information by requesting for a valid Federal Government issued means of identification from the Passenger including: (i) National Identity Card; (ii) Voters Card; (iii) Driver's License; (iv) International Passport; or (v) Other acceptable but valid identification; (d) ensuring the timely transmission of Passenger Information from the Terminal to the NTMS Protocol server in the event that such Passenger Information was not transmitted to the NTMS Protocol server at the time of collection due to lack of internet connectivity, power failure or any other system breakdown. (2) The Road Transport Operator shall: (a) inform the Passenger of the purpose of collection of the Passenger's Information; (b) not offer its service to any Passenger who refuses to provide any information ay may be required by the Department for the purposes of the NTMS Protocol; and (c) pay all fees as may be reasonably required by the Department for installing and operating the NTMS Protocol.

14. Passenger Identification. Each Passenger shall be assigned a Unique Passenger Identification (UPI) that shall be attached to such Passenger's mobile phone number and may be deployed for use for such purposes as the Department may determine subject to the provisions of this Law, the Nigerian Data Protection Regulation and other primary laws in Nigeria.

15. Failure of Road Transport Operator to Comply. Any Road Transport Operator who fails to comply with its duties under this Law shall have its Operator's license revoked and be liable to a penalty of N500,000 (Five Hundred Thousand Naira) only.

16. Duties of System Administrator. The System Administrator shall be responsible for: (a) integrating all Road Transport Operators with the NTMS Protocol; (b) the creation and sale of the NTMS Protocol; (c) ensuring that each Passenger's UPI is generated upon doing the Passenger's first registration on the NTMS Protocol platform; (d) the processing of Passenger Information; (e) complying with the Nigerian Data Protection Regulation and other applicable data protection laws in Nigeria and exercising care in the use of the Passengers Personal Information provided and stored on the NTMS Protocol; (f) addressing technical issues and providing software updates and modification of the NTMS Protocol as and when necessary; (g) developing security measures to protect the Passenger Information, including but not limited to systems from hackers, setting up firewalls, storing data securely with access to specific authorized individuals, employing data encryption technologies, developing organizational policies for handling Passenger information; and (h) ensuring that its activities meet the minimum safety standards according to international best practices.

17. Retention of Information. (1) Passenger Information shall be retained by the System Administrator for not more than 10 years from the date of collection. (2) Notwithstanding the provision of subsection (1) of this Section, Passenger Information collected in compliance with the provisions of this Law may be retained beyond 10 years by the System Administrator where such information is required by the Government for the effective completion of a Public Purpose.

18. Transfer of Information. (1) Subject to subsections (2) and (3) of this Section no Passenger Information collected under this Law shall be transferred to a third party; Provided that a 'third party" shall not include the Government, its Agencies, the Road Transport Operator, the System Administrator, the Private Sector Participant and their duly appointed representatives. (2) The System Administrator shall transfer Passenger Information from the NTMS Protocol to the Department. (3) Where any Passenger Information is to be transferred to a third party pursuant to the Order of a Court of competent jurisdiction, the Department shall oversee such transfer and ensure it is in accordance with Nigerian data protection laws.

19. Utilization of Information. The Passenger Information collected under this Law shall be used solely for the following purposes: (a) to enhance available information necessary to forestall security breaches within the State and for the benefit of all Passengers; (b) planning and management of transport inflow and outflow in the State; (c) to aid in the development of necessary transport regulations in the State; and (d) to aid the Government in preparing adequate infrastructure within the State.

20. Contracts Concession. (1) Without prejudice to the functions of the Government under any other and pursuant to the achievement of the objectives of this Law, the Government; either itself or in conjunction with any other person, may enter into a contract with or grant a concession to a duly pre-qualified Private Sector Participant for the financing, design, construction, operation or maintenance of the NTMS Protocol. (2) Where the Government grants a concession as envisaged under subsection (1) of this Section, nothing shall preclude the Government or any other State Government or private individual, from investing or taking up a stake or investment in the Private Sector Participant duly appointed. However, ownership cannot change materially and without full disclosure to the State Government.

21. General Responsibilities of the Private Sector Participant. Pursuant to the provisions of this Law, the Private Sector Participant shall be responsible for the management of the NTMS Protocol on behalf of the Department and in accordance with terms and conditions to be clearly defined in any concession agreement made in furtherance of same.

22. Capacity of the Private Sector Participant. Government shall ensure that the Private Sector Participant possesses the financial capacity, relevant expertise and experience in undertaking the development and maintenance of the NTMS as well as processing the data collected on the NTMS Protocol.

23. Recovery of Investment. (1) A Private Sector Participant who into any contract for financing, design, construction, operation or maintenance of the NTMS Protocol shall subject to the provisions of the concession contract. and any applicable law(s), enjoy specific rights to recover its and make returns thereon, including the right to levy, collect and retain service user fees and remittances in respect of the use of the NTMS Protocol; Provided always, that nothing in this Law shall preclude a Private Sector Participant from accepting receipt of such returns on investment, levy service charges, user fees and other remittances as asset or through other alternative payment methods as may be approved by the Department. (2) A Private Sector Participant to whom a concession has been granted under this Law shall pay to the Government such shares of the proceeds of all levies, service charges, user fees or remittances accruing from the use of NTMS Protocol as may be agreed and provided in any concession contract or agreement to be executed pursuant thereto.

24. Refusal to Pay Levy, Service Charge, User Fee or Remittance. Without prejudice to the provisions of Section 9 of this I.aw, it shall be an offence for any person to fail or refuse to pay any levy, service charge, user fee or remittance in accordance with this Law, any Regulations made under this Law or within the terms of the concession agreement; the offender shall be liable on conviction to a fine of N500,000.00 (Five Hundred Thousand Naira Only).

25. Restriction on IT Infrastructure. (1) The Private Sector Participant shall restrict access to its Information Technology by any person other than for a purpose directly related to its duties under this Law or necessary for the actualisation of the objectives of this Law. (2) In the event that the Private Sector Participant has a justifiable reason to give access to a third party, and intends to give such access, it shall go through the Data Protection Compliance Officer for approval. (3) "Justifiable reason" under this Section shall be restricted only to activities related to the actualisation of the objectives of this Law; provided that the Department shall not give consent for any reason that materially deviates from the objectives of this Law. (4) For the purpose of this Section, "Information Technology" includes, but is not limited to the Application Program Interface (API) and other software used in the collection, processing and transfer of the information collected under this Law.

26. Delegation of Duty The System Administrator or Private Sector Participant shall not delegate its duty to process or transfer the Passenger information to any other person.

27. Regulation of Levies, Service Charge, User Fee or Remittance. (1) The concession contract shall set out the procedures, circumstances and formulae by which levies, service charges, user fees or remittances to be charged by the Private Sector Participant shall be calculated, varied or adjusted and such provisions shall be observed and the contract fully implemented. (2) The levies, service charge, user fee or remittance which shall be collected by the Private Sector Participant pursuant to any concession agreement shall, in every case be the levy, service charge, user fee or remittance specified or calculated in accordance with any index or formulae or other provision stated in the concession agreement.

28. Compliance with Relevant Rules, Regulations and Laws. (1) The Private Sector Participant shall ensure compliance with all relevant Laws, Regulations and Rules applicable to the implementation of its duties under this Law. (2) The Private Sector Participant, Government, Road Transport Operator, and every other person involved in the implementation of this Law shall recognise the Fundamental Rights of the Passengers as guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and every Treaty ratified by Nigeria.

29. Jurisdiction and Trial of Offices. (1) Subject to any other law in force in the State, a Magistrates' Court shall have the power and authority to hear and determine any civil or criminal action arising from and in respect of the enactment of this Law and the Magistrates' Court shall be vested with the power and authority to impose penalty in the way and manner prescribed in this Law. (2) The procedure for institution and hearing of any claim for imposition of a fine under this law shall be in accordance with the Magistrate's Court Law, Cap MI, Vol. 3, Laws of Delta State 2008. (3) The Magistrates' Court shall for the purposes of this Law, have jurisdiction for the summary trial of offences and on the conviction of any person accused of any such offence may impose punishment in accordance with this Law. (4) For the purpose of any action for the determination of liability of a Road Transport Operator or any irregularity in the procedure of the Department or any of its authorized agents, the parties shall be as follows: (a) the Directorate of Transport as Complainant; and (b) the Road Transport Operator as Defendant. (5) The minimum penalty to be imposed by the Magistrates' Court pursuant to this Section shall be N500,000.00 (Five Hundred Thousand Naira). Schedule 1 DELTA STATE TRANSPORTATION DATA MANAGEMENT LAW GUIDELINES FOR THE ISSUANCE OF NTMS PROTOCOL OPERATORS PERMIT

1. Preamble In exercise of the powers granted the Department pursuant to Section 7(c) of this Law, to formulate and implement guidelines for the issuance of Operators Permit to Road Transport Operators under this Law, the Department hereby issues the following Guidelines on the Issuance of Road Transport Operators Permit.

2. Scope This Guidelines set out the procedures for the issuance of Operators Permit ("Permit") to Road Transport Operators ("Operators"), including the requirements and fees necessary for the issuance of the Permit.

3. Grant of Permit The Department shall grant a Permit which shall be a precondition for the operations of the Operator in accordance with the provisions of this Law.

4. Application and Processing Fee The Operator shall pay the application and processing fees as provided under this Guideline.

5. Types of Licenses The Department shall issue the following licenses: (1) Class A Class A Permits shall be issued in respect of Operators engaged in Inter-state transportation subject to the following conditions: (a) Application fee shall be as determined by the Department from time to time; (b) The Operator must be involved in Inter-slate operations; (c) The Operator must have at least five (5) 18-seater buses or any bigger bus; (d) The Operator must have a conducive terminal; and (e) The Operator must be a company duly registered in Nigeria. (2) Class B Class B Permits shall be. issued in respect of Operators engaged in Intra-state transportation subject to the conditions: (a) Application fee shall be as determined by the Department from time to time; (b) The Operator must be involved in Intra-state operations, and (c) The Operator must be licensed and registered by the Local Government of the State.

6. Procedure The applicant Operator shall file and submit the following document(s): (a) Road worthiness certificate of each of its vehicles as obtained from the relevant Government Agency; (b) Its company's insurance certificate; (c) The Driver's license of each of its drivers or his/her driver's license (whichever is applicable) as updated from time to time; (d) Evidence of payments of application and processing fee; (e) Evidence of payment of registration of company (where applicable); (f) Application letter directed to the Head of the Department; and (g) Application letter indicating the type of license being applied for.

7. Renewal (1) The Permits shall be renewable every year upon the terms and conditions stated in these Guidelines. (2) The Operators shall file an application for renewal in the form stipulated by the Department not more than 30 days before the expiration of the subsisting license. (3) Any application for renewal of Permit filed after the expiration of the Permit is deemed a late renewal and is subject to late payment fees which fees shall not be more than 30% of the renewal fees.

8. Revocation of Permits The Department may revoke the Permit of the Operator upon the occurrence of any of the following events: (a) breach of any Rules and Regulations as the Department may issue from time to time (b) failure to renew the Permit as required under this Guidelines; (c) road unworthiness of vehicles; or (d) any other factor as the Department may determine from time to time.

9. General Provisions in relation to the Licenses (1) Every Operator shall be mandated to affix to a conspicuous part of its vehicle, a photocopy of the license issued it by the Department. (2) A vehicle that is not affixed with a photocopy of the license shall not render a transport services, and such vehicle shall not be flagged down on the street for Passenger pickup, solicit for Passengers, be at a bus or taxi park, or be at a location in order to scout for or solicit for Passenger(s). (3) The Permits shall be a tradeable commodity and shall not expire but shall be renewable annually. Consequently, the Department shall oversee/facilitate the operation of an orderly, transparent and efficient market for the sale and transfer of the Permits through a feasible exchange system for the assignment of the rights to operate the Permits.

10. Transferability (Sale of a Permit) Upon the voluntary sale or transfer of its business by an Operator, or the acquisition or merger of the business with another business, the Operator shall immediately notify the of the intension/decision to trade its Permit.

11. Alteration The Department may alter and amend these Guidelines as it deems fit from time to time. Schedule 2 DELTA STATE TRANSPORTATION DATA MANAGEMENT LAW PROCEDURE FOR THE GRANT OF A CONCESSION IN RESPECT OF NTMS PROTOCOL

1. Information on the Concession The Concession shall be granted to a private partner by concession agreement upon completion of this concession procedure and selection of the most favourable bid. The subject matter of the Concession is the financing, design, construction, operation and maintenance of the NTMS Protocol.

2. Terms of the Concession The terms of the concession shall be as contained in the concession agreement between the Government and the Concessionaire.

3. Participation in Concession Procedure Subject to fulfilling the conditions listed hereunder, any party may participate in the Concession Procedure: (a) Publication in the Delta State of Nigeria gazette of the Request for Proposals ("RFP") in respect of the NTMS Protocol; (b) the RFP shall be submitted by Interested Parties within thirty (30) days from the date of publication; (c) the RFP shall be submitted together with the following: (i) duly signed copy of confidentiality agreement; and (ii) Official excerpt issued by the Directorate of Transport in the State not earlier than fifteen (15) days from the date of submission of the RFP, which proves that the signatory to the confidentiality agreement is authorized for such purpose; (d) all Interested Parties shall fulfill the following conditions and each bidder must prove the following: (i) that it is a company duly registered in Nigeria; (ii) that it is in the business of developing technology similar to the NTMS Protocol; (iii) It is not in debt or hasn't incurred any financial liability substantial enough to affect its business activities; (iv) It has paid due taxes and other fees and levies required from it by the Government, and (v) It has complied with all the Laws and Regulations extant in the State and in the Federation as applicable to it; (e) the criteria for selection of the most favorable bid in the Concession Procedure will be the following: (i) highest Concession Fee Offered; (ii) privacy policy and proposed security measures for protecting integrity of data; (iii) dedication to integrity of data collection, processing and transfer processes; (f) within thirty (30) days from the end of the RFP period, the Government shall invite any successful bidder(s) for submission of Tender which act shall signify the unsuccessful state of the other bids; (g) the Tenda Documentation shall contain such information documentations as the Government may deem necessary, and (h) the processes after the RFP shall be strictly confidential.