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FOI/202100240871 · FOI/EIR · partially withheld

Supplier application for A90/A96 Haudagain improvement: EIR release

Published
2021-10-28
Received
2021-09-16
Responded
2021-10-14
Directorate
Topic
Public sector, Transport
Exemptions
20, 39(2)

Information requested

I would be most grateful if you would provide, under the Freedom of Information Act (FOIA), details in respect to the contract below. This is to help facilitate market research into those companies that have not been successful in securing this public sector contract. Please would you also acknowledge receipt of this FOI request by replying to this email within the next three working days. A90/A96 Haudagain Improvement. The awarded tender details can be viewed here: https://app.contractsadvance.co.uk/release/2377065. Please provide the following: 1. The suppliers who applied for inclusion on each framework/contract and who were unsuccessful at the PQQ & ITT stages Insert company names here: 2. Duration of Framework/contract

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request. 1. I can confirm some of the information requested has been published on our project website at the following link: Haudagain bidders shortlist named (transport.gov.scot) I can confirm that there were no unsuccessful bidders at PQQ or ITT stages. Balfour Beatty Civil Engineering Ltd withdrew prior to ITT stage. 2. I can confirm that the anticipated contract duration was 24 months. As you may be aware, as part of the Scottish Government’s measures to combat the Covid-19 pandemic and to protect the health of the nation, construction was temporarily shutdown in March 2020 for a period of almost three months. As there was no construction work progressed during the shutdown and due to ongoing measures since work recommenced in compliance with the Construction Scotland Restart Model, such as physical distancing, there is an impact on the programme to completion which is now anticipated in winter 2021, subject to any further unforeseen circumstances such as adverse weather conditions. Transport Scotland is working with Farrans to review the programme of work and identify any actions which may help to mitigate delays where possible. About FOI The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG

Detected exemption language

We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes.

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