FOI release

FOI2020-10675 DECA contracts

Published 6 January 2021

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Dear

I am writing in response to your email dated 21st September 2020 requesting the following information,

Under the Freedom of Information Act 2000, I am writing to you today to request information relating to contracts awarded to DECA and contracts DECA has awarded to industry FY 2020-2021 or if this is impossible FY 2019-2020. An electronic copy of the information would be appreciated.

  • The first aspect of my request is a comprehensive list of all live contracts DECA has been awarded, with the information requested including the following:
    • Contract Number
    • Contract Title
    • Customer
    • Contract start date
    • Contract end date
    • Total contract value
    • Total spend to date
    • Payments in year
    • Last payment date
    • Competitive / Non-Competitive
  • May I request that the above information be organised by the in-house capability DECA provides, specifically:
    • Maintenance, repair, overhaul, upgrade, modification and test
    • Calibration
    • Automatic test equipment
    • Cryptographic services
    • Obsolescence management
    • Procurement services
    • General engineering services
  • In addition, I would like to request a comprehensive list of all live contracts DECA has awarded to industry, with the information requested including the following:
    • Contract Number
    • Contract Title
    • Supplier awarded the contract
    • Contract start date
    • Contract end date
    • Total contract value
    • Total spend to date
    • Payments in year
    • Last payment date
    • Whether the contract was awarded under a competitive or non-competitive basis (Competitive/Non-Competitive)
    • Whether the contract was awarded to an Small/Medium Enterprise (Yes/No)
  • Finally, I would like to request a comprehensive list of all live framework contracts DECA has with industry, with the information requested against each framework to include the following:
    • Framework Number
    • Contract Title
    • Suppliers on Framework and proportional workshare
    • Framework start date
    • Framework end date
    • Total framework value
    • Total spend under framework to date
    • Whether the framework was awarded under a competitive or non-competitive basis (Competitive/Non-Competitive)
    • Whether the framework includes Small/Medium Enterprises (Yes/No)

I am treating your correspondence as a request for information under the Freedom of Information Act 2000 (FOIA).

In response to your queries, I have completed a search for the information within the Defence Electronics & Components Agency (DECA), and I can confirm that we do hold information in scope of your request and provide the following answers.

Question 1, 2 and 3 Some of the contract information you have requested falls within scope of absolute exemptions provided in Section 21 (information accessible by other means) of the FOIA and has been withheld. Section 21 is an absolute exemption and is not subject to a Public Interest Test. Contracts awarded by DECA over the value of £10,000 are published on Defence Contracts Online unless commercially sensitive or could harm National Security. You can view these contracts by visiting

http://www.contracts.mod.uk

https://www.contracts.mod.uk/opportunities

Some of the information you have requested falls within scope of qualified exemptions provided for at section 43 (Commercial Interests) of the FOIA and has been withheld.

Section 43 is a qualified exemption and is subject to public interest testing which means that the information requested can only be withheld if the public interest in doing so outweighs the public interest in disclosure.

Section 43(2) has been applied because the information in scope of the exemption would affect the commercial interests of the Ministry of Defence (MOD) and would put the MOD at a disadvantage in future negotiations. Release of information could also prejudice future relations between MOD and its supplier. For these reasons I have set the level of “would”, rather than “would be likely to”.

In Favour of release is the presumptions towards disclosure under the FOIA as providing this information would increase transparency of specific contract information.

On balance, I consider the broader public interest favours maintaining the exemption and withholding the information you have requested.

Question 4 The contract information you have requested in question 4, falls entirely within the scope of qualified exemptions provided for at section 43 (Commercial Interests) of the FOIA and has been withheld.

Section 43 is a qualified exemption and is subject to public interest testing which means that the information requested can only be withheld if the public interest in doing so outweighs the public interest in disclosure.

Section 43(2) has been applied because the information in scope of the exemption would affect the commercial interests of the Ministry of Defence (MOD) and would put the MOD at a disadvantage in future negotiations. Release of information could also prejudice future relations between MOD and its partners. For these reasons I have set the level of “would”, rather than “would be likely to”.

In Favour of release is the presumptions towards disclosure under the FOIA as providing this information would increase transparency of specific contract information.

On balance, I consider the broader public interest favours maintaining the exemption and withholding the information you have requested.

If you are not satisfied with this response or you wish to complain about any aspect of the handling of your request, then you should contact me in the first instance. If informal resolution is not possible and you are still dissatisfied then you may apply for an independent internal review by contacting the Information Rights Compliance team, Ground Floor, MOD Main Building, Whitehall, SW1A 2HB or by e-mailing CIO-FOI-IR@mod.uk. Please note that any request for an internal review must be made within 40 working days of the date on which the attempt to reach informal resolution has ended.

If you remain dissatisfied following an internal review, you may take your complaint to the Information Commissioner under the provisions of Section 50 of the Freedom of Information Act. Please note that the Information Commissioner will not investigate your case until the MOD internal review process is complete. You can find further details of the role and powers of the Information Commissioner on the Commissioner’s website.

Regards

DECA FOI

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