A request for information about the tender for the provision of a Leading Excellence Programme published in April 2015.
RE: FREEDOM OF INFORMATION ACT 2000 REQUEST
I am writing to confirm that the West Midlands Fire Service has now completed its search for the information you requested on 6th September 2016
Please find below a summary of our findings.
I am requesting all copies of documentation relating to your tender for the provision of a Leading Excellence Programme published in April 2015. This should include but not be limited to:
- Any Pre-Qualification Questionnaire (PQQ)
This information is exempt under section 1 of the Freedom of Information Act 2000 as we do not hold this information. A Pre-Qualification Questionnaire was not produced for the provision of a Leading Excellence Programme.
- The Invitation to Tender (ITT) documents
- The marking scheme this was assessed again
- The objectives and required outputs from the work
- The winning supplier’s responses to both PQQ and ITT including any financial information you are able to share
The winning supplier’s responses to both PQQ and ITT can be classified as Commercial in Confidence and will attract an exemption under Section 43 of the Freedom of Information Act 2000 (FOIA).
The overall value of the contract and the successful company are a matter of public interest but detail of the contract such as the suppliers response and any additional financial information are categories of data that if disclosed could prejudice the commercial interest of the successful bidder particularly if disclosed to other companies in the same service sector.
Therefore the successful bidder and the value of the contract can be disclosed but the other detail that you have requested will be exempt. The exemption that is engaged under FOIA is Section 43(2) and this exempts information, the disclosure of which would be likely to prejudice the commercial interests of any person. The ‘person’ whose interests may be prejudiced could be any company, sole trader or private individual or the public authority itself.
The person who would be prejudiced in this case would be the successful bidder, University of Worcester and the prejudice caused would be the weakening of its position in a competitive environment by revealing market-sensitive information or information of potential usefulness to its competitors.
The value of the contract was £900,000 for a 5 year contract.
There is no requirement for West Midlands Fire Service to produce a signed confidentiality agreement with University of Worcester as the prejudice test required to engage Section 43(2) of the FOIA has been satisfied.
If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications. If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision please write to The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW