Ref No.: 08 24
Request Type: FOI
Date Received: 20/08/24
Date Responded: 10/09/24
Category: Tender documentation
Request
Under the Freedom of Information Act 2000, please send me the winning technical submission document for the Provision of coaching services for the executive team tender (Notice ID MAY504799), excluding any commercial / pricing details.
Response
Many thanks for your request for information dated 20 August 2024 which asked for: the winning technical submission document for the Provision of coaching services for the executive team tender (Notice ID MAY504799), excluding any commercial / pricing details.
We have handled your request in terms of the Freedom of Information (Scotland) Act 2002 (FOISA). FOISA provides for a right of access to recorded information held by Scottish public authorities.
We can confirm that we do hold information within the scope of your request and therefore disclose the attached to you. Some information is exempt from disclosure under section 33(1)(b) and section 38(1)(b) in conjunction with section 38(2A)(a). This information has been redacted accordingly. Further information is provided below.
Section 38: personal information
We have applied section 38(1)(b) in conjunction with section 38(2A)(a) where information constitutes personal data and to disclose the information would breach one or more of the data protection principles. In this case it has been decided that disclosure would be a breach of the first principle as the information cannot be disclosed lawfully. This is an absolute exemption and does not require consideration of the public interest.
Section 33: Commercial interests and the economy
We have applied section 33(1)(b) where we believe disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation.
Under FOISA, a ‘person’ includes a public authority, company and partnership. The Scottish Information Commissioner (SIC) guidance recognises that a person or organisation’s commercial interests will usually relate to the commercial trading activity they undertake, for example the sale or purchase of goods or services. Such activity normally taking place within a competitive environment as per the coaching tender exercise which your request refers to.
Section 33(1)(b) of FOISA is not an absolute exemption, and WICS must consider the prejudice or harm which may be caused by disclosure. We have carried out a public interest test to weigh up the factors in favour of disclosure, and those against. In this instance, we find that disclosure of this information may prejudice the commercial interests of the successful bidder. With this in mind, we have then considered the public interest test for and against disclosure.
Factors in favour of disclosure:
- WICS’s commitment to transparency and the public interest in understanding how tender documents are developed.
- Organisations engaging in commercial activities with public organisations must expect some information about their engagement to be released to the public.
Factors against disclosure:
- Disclosure of a successful bid will publicise the organisations unique selling proposition, potentially jeopardising future success
- As a consequence of the above, future bidders may be discouraged from bidding for future opportunities with WICS if each time there is a risk that the outcome becomes a matter of public knowledge.
- WICS must ensure all bidders, successful and not, have confidence in WICS when bidding for contract opportunities with us. Failure to maintain this confidence may impact the quality and quantity of future bids and affect WICS’s own commercial interests and its ability to secure value for money.
Having considered these factors, we are satisfied that it is appropriate to withhold some of the information.
If you are unhappy with this response to your request, you may ask us to carry out a review by contacting us. Your request for review should explain why you are dissatisfied and should be made within 40 working days of receipt of this response. The review will be undertaken by staff not involved in the original process and we will reply within 20 working days of receipt. If you are not satisfied with the outcome of the review, you then have the right to appeal to the Scottish Information Commissioner (SIC) and thereafter to the Court of Session on a point of law only. The SIC can be contacted using the details below:
Scottish Information Commissioner
Kinburn Castle, Doubledykes Road
St Andrews, Fife, KY16 9DS
Telephone: 01334 464610
Web: www.foi.scot