FOI2024_01569
Published 23 February 2024
© Crown copyright 2024
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FREEDOM OF INFORMATION ACT 2000 - REQUEST REF: FOI2024/01569
Thank you for your email of 20 January 2024 asking for information under the Freedom of Information Act (FOIA) 2000. You asked:
I am writing to you under the Freedom of Information Act 2000 to request the following information for the Project:
Project Name: ITT for the Provision of an Enterprise Health & Safety System
Reference number: tender_370289/1217609
1) Copy of successful tender – we want this information under freedom of Information act 2000
2) Scoring table of all bidders, split by scores awarded for each question of bid
3) Price/Cost Proposed by each Bidder – we want this information for all the bidders who submitted the response.
4) Name of the Winning Bidder.
5) Name & Rank of all bidders who submitted responses.
6) Approximate date that the tender will be reissued towards the end of the current contract period.
I am writing to confirm that we have now completed the search for the information which you requested.
I can confirm that FCDO Services does hold information relevant to your request, as set out below.
1) Your request for a copy of the successful proposal falls under the exemption in section 43(2) of the FOIA. Disclosure of this information would significantly weaken the successful supplier’s competitive advantage, causing harm to their commercial interests. See below for further information.
2) Overall Evaluation Sheet:
| Technical Questions | Bidder A | Bidder B | Bidder C | Bidder D | Bidder E |
| Question 1 (5.5%) | 4.40% | 3.30% | 3.30% | 2.20% | 3.30% |
| Question 2 (10%) | 8.00% | 6.00% | 6.00% | 4.00% | 8.00% |
| Question 3 (10%) | 6.00% | 8.00% | 8.00% | 4.00% | 6.00% |
| Question 4 (7.5%) | 6.00% | 4.50% | 4.50% | 3.00% | 4.50% |
| Question 5 (4%) | 2.40% | 2.40% | 2.40% | 2.40% | 2.40% |
| Question 6 (7.5%) | 4.50% | 6.00% | 4.50% | 3.00% | 4.50% |
| Question 7 (7.5%) | 4.50% | 4.50% | 6.00% | 3.00% | 4.50% |
| Question 8 (8.0%) | 6.40% | 6.40% | 6.40% | 3.20% | 4.80% |
| Total Technical Question Percentage Score | 42.20% | 41.10% | 41.10% | 24.80% | 38.00% |
| Pricing | |||||
| Section Total | 25.01% | 6.93% | 14.70% | 12.07% | 40.00% |
| Overall Percentage Score | 67.21% | 48.03% | 55.80% | 36.87% | 78.00% |
| Rank | 2nd | 4th | 3rd | 5th | 1st |
3) This information is exempt under section 43(2) of the FOIA as tenders have been submitted confidentially as part of a tender process. See below for further information.
4) This information is withheld under section 22 (information intended for future publication) of the FOIA – see below for further information. This information will be published on the Contracts Finder website before the end of the current financial quarter, and will be accessible at the following link:
5) Rank provided above in response to question 2.
The names of those ranked 2nd to 5th have been withheld as per the response to question 3. The name of the awarded bidder (1st) has been withheld as per the response to question 4.
6) The anticipated contract start date was 1st September 2023 with an initial duration expiring 31st August 2026, but included in the contract is an option to extend for two further periods of up to 12 months each.
However, it is now anticipated that the contract will commence in March 2024 with an initial duration expiring 28th February 2027 and the option to extend the contract for two further periods of up to 12 months each is included.
Section 43
Section 43(2) of FOIA exempts from disclosure information, which would be likely to prejudice the commercial interests of any person. It is a prejudice-based exemption, so the test for exemption is whether the individual’s commercial interests would be prejudiced by disclosure and it is subject to balancing the public interest. It is recognised that there is a general public interest in the disclosure of commercial information to ensure, for example: transparency in the accountability of public funds; proper scrutiny of government action; and the effective use of public money. However, where disclosure would make it less likely that companies or individuals would provide the department with information in the future or where disclosure would make it more difficult for individuals to be able to conduct commercial transactions, or have future dealings with public bodies, without fear of suffering commercially as a result, these are factors that may weigh in favour of non-disclosure.
We considered the commercial interests of third parties and the benefit to the public for the release of this information. We also considered the impact that this may also have on our future business relationships. In considering this case and the details required, we consider that the public interest in favour of disclosing such information is outweighed by the obligation to protect the commercial interests of third parties. We have therefore taken the decision to withhold the information.
Section 22
Section 22 of the FOIA is a qualified exemption which is subject to the public interest test. We have considered the public interest in releasing the information against the interest of withholding it.
There is a public interest in government departments providing information they hold that falls within the scope of a freedom of information request as quickly as possible. However, we need to balance this with the public interest in government ensuring the maximum cost effectiveness. Providing this information in response to a Freedom of Information request is not the most cost-effective way of placing this information in the public domain, when it will be published in due course on the Contracts Finder website.
We have therefore concluded that the public interest in withholding this information in our response to your request outweighs the public interest in releasing it.
Once an FOI request is answered, it is considered to be in the public domain. To promote transparency, FCDO Services may now publish the response and any material released on GOV.UK in the FOI releases section. All personal information in the letter will be removed before publishing.
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If you would like to request a review of our decision, you should write to the Knowledge and Information Management (KIM) Team, FCDO Services, Hanslope Park, Milton Keynes, England, MK19 7BH (e-mail: FCDOServices.KIMTeam@fcdo.gov.uk). Please note you have 40 working days to do so from the date of this letter. Please quote the reference number above in any future communications.
If you are not content with the outcome of your complaint, you may then apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by the FCDO. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, or online at: https://ico.org.uk/make-a-complaint/
Yours sincerely,
FOI Officer
Knowledge and Information Management (KIM) Team
FCDO Services