Details of all bidders (Project Name: Interactive Exercise Tool For Businesses (ACT in a BOX))

 

I note you seek access to the following information:

 

Project Name: Interactive Exercise Tool For Businesses (ACT in a BOX)

 

Reference number: 1302

 

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 have today decided to disclose some of the requested information.  Some data relevant to Questions 1 – 3 and Question 5 has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

 

Section 40(2)(3) – Personal Information 

Section 43(2) – Commercial Interest

 

 

To provide a copy of the successful tender, scoring, the costs/prices and name and rank for each bidder would be revealing commercially sensitive information and could affect the MPS’s future ability to source other suppliers in a competitive environment.   

 

In addition, these tenders include the names of individuals, which would constitute personal data. Any disclosure which would lead to the identification of these individuals would breach the right to privacy afforded to persons under the Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR). 

 

It is for these reasons that Sections 43(2) and 40(2)(3) of the Act are engaged.

 

Section 43 – Commercial Interests - Any release of information under FOIA is a disclosure to the public at large and not just to the requestor.  Therefore, in regard to this request disclosing a copy of the successful tender made by Sub 10 Ltd, the scoring awarded to all bidders and their proposed prices/costs, as well their names and ranking could result in the MPS attracting less favourable deals from companies in the future, if they believe such details would be made public. Thus it would ultimately compromise the integrity of any future procurement process, as the relationship between the MPS and other companies would suffer, as the companies would be less willing to apply through the fear of disclosure.

 

In addition, information relating to bids from unsuccessful companies and a copy of the winning tender would provide knowledge of the price that the MPS is willing to pay for such services.  The charging information is recent, therefore disclosure of this information would prejudice the MPS’s ability to obtain best value in current and future procurement processes undertaken.  In turn the MPS’s bargaining position could be compromised if suppliers start to increase their prices based on disclosure of the held information, which could in effect impact the tight budgets the MPS have set aside for procurement.  The consequences of this would result in reducing our chances of getting competitive prices and value for public money which would not be in the public interest.

 

Furthermore, disclosure of information relating to the companies who submitted unsuccessful bids may impact on their commercial interests, as they may be expected to provide the same product/s at similar costs to other companies.

 

Therefore, any disclosure under FOIA, which prejudices the commercial interests of either the MPS by affecting our ability to source suppliers in a competitive environment and a company, through likely loss of business and therefore revenue cannot be in the public interest.

 

The MPS is further guided by ICO guidance on the test of prejudice when deciding whether the release of information would, or would be likely to, harm someone’s commercial interest. The following considerations are relevant in this case: 

 

Does the information relate to, or could it impact on a commercial activity?

 

The ICO advises ‘Commercial information relates to the activity of buying or selling goods and services. Some information may have a very direct relationship with commercial activity e.g. the price at which goods are offered for sale. Other information may have a less direct link to a commercial transaction’

 

The information you have requested, would relate to commercially confidential information, which if released could cause damage to the reputation or business confidence of a private company. As such, any disclosure of information which may impact on a business’s revenue, can be classified as harmful to their commercial interests.

 

Disclosure of the requested information would weaken the position of the MPS in a competitive environment, due to a disclosure of market sensitive information.  This would have a harmful effect on future partnerships when entering into commercial activities.  To provide information which identifies the name of a manufacturer or company whose bid was unsuccessful, their bid and scoring awarded could prejudice their commercial interests, if it results in competitors having knowledge of their pricing strategy.  Any subsequent loss of business or income would prejudice their commercial interests.  

 

Similarly, any disclosure by the MPS which results in companies being reluctant to place a tender for services, would likely lead to the MPS not attracting bids from market leaders and therefore not being able to procure the most effective services/products. 

 

I have found that it is important that the MPS protects its own commercial interests, as any revenue generated by the MPS, can support the prevention and detection of crime and the apprehension and prosecution of offenders. In view of this, I have found that the public interest lies in favour of preserving the commercial interests of the MPS and our suppliers by withholding the requested information. The public interest is defined not as what the public may find interesting but there must be some tangible benefit to the public in the disclosure of the interest.

 

Section 40(2)&(3) - Personal Information - Section 40(2)(a)(b) of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles.  

 

There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f)  of the GDPR, the disclosure of personal data is considered to be lawful if:

 

a. There is a legitimate interest in the disclosure of that personal data.

b. The disclosure of the personal data is necessary to meet that legitimate interest.

c. The disclosure would not cause unwarranted harm to the data subject.

 

Having given regard to the legitimate interest test, I have found that:

 

Names of Employees in Sub 10 Ltd - The copy of the successful tender contains the names of individuals based in Sub 10 Ltd. Having considered the legitimate interest test in respect of this personal data, I have found that:

 

a. These employees are unlikely to expect their names to be published in response to this Freedom of Information Act request. They would hold no reasonable expectation that their names would be published by the MPS. I have not identified a legitimate interest that would be satisfied through the provision and publication of this personal information under the Act.

 

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.

 

Although a copy of the successful tender has been refused as per the notification above, the MPS is able to provide you with a link to the awards notice (see below).

 

Q2 - Scoring table of all bidders, split by scores awarded for each question of bid 
 

Please find below a breakdown of the scoring for the successful bidder only.

Technical Assessment (weighted at 40%)
Section	Percentage per section	Moderated Score	Weighted Score
D1	Pass/Fail	Pass	Pass
D2	5%	10	2
D3	15%	7	4.2
D4	10%	7	2.8
D5	5%	7	1.4
D6	10%	7	2.8
D7	15%	7	4.2
D8	10%	7	2.8
D9	15%	7	4.2
D10	15%	10	6

Commercial Information (weighted at 10%)
Section	Percentage per section	Moderated Score	Weighted Score
E1	Pass/Fail	Pass	Pass
E2	33.33%	7	2.33
E3	33.33%	7	2.33
E4	33.33%	7	2.33

 

Social Value and Sustainability (weighted at 10%)
Section	Percentage per section	Moderated Score	Weighted Score
F1	Information Only	-	-
F2	25%	7	1.75
F3	25%	2	0.5
F4	25%	2	0.5
F5	25%	5	1.25
F6	Information Only	-	-
F7	Information Only	-	-

 

Business Continuity and Disaster Recovery Assessment
Section	Percentage per section	Moderated Score	Weighted Score
G1	Pass/Fail	Pass	Pass

 

Health and Safety Assessment
Section	Percentage per section	Moderated Score	Weighted Score
H1	Pass/Fail	Pass	Pass

 

Pricing Assessment (weighted at 30%)
Section	Percentage per section	Moderated Score	Weighted Score
I1	100%	-	16.93
I2	Information Only	-	-
I3	Information Only	-	-

Q4 - Name of the Winning Bidder. 

 

Sub 10 Ltd is the name of the winning bidder.

 

 

The earliest procurement start date will be 1 October 2025