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FOI/202100238956 · FOI · partially withheld

Procurement of Commercial Advisors Rapid Response Unit: FOI release

Published
2021-10-19
Received
2021-09-13
Responded
2021-09-30
Directorate
Scottish Procurement and Property Directorate
Topic
Public sector
Exemptions
17(1), 20

Information requested

Please provide the following information in relation to the Procurement of Commercial Advisors - Rapid Response Unit - Framework Agreement;

1. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages 2. Could you please provide copies of all proposals submitted by all bidders for this contract, whether successful or unsuccessful, redacting any sensitive or confidential information as necessary?

Response

In relation to point 1, the suppliers who applied for inclusion on each framework/contract were;

Ernst & Young LLP Pricewaterhouse Coopers LLP Teneo Restructuring Ltd Deloitte LLP Interpath Ltd Grant Thornton UK LLP RSM Restructuring Advisory LLP

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the remainder of the information you have requested in relation to this point. While our aim is to provide information whenever possible, in this instance we cannot confirm who was successful and not successful at the PQQ & ITT stages as the procurement was abandoned and therefore not awarded in accordance with Scots Law.

In relation to point 2, we believe an exemption(s) under section(s) 30(c) applies to all of the information you have requested. We consider that disclosure would otherwise prejudice our ability to conduct the next procurement (due to be released shortly) effectively through disrupting our ability to deliver in accordance with our statutory obligations as per the Public Contracts (Scotland) regulation's 2015.

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. We recognise that there is some public interest as part of an open and transparent government, and to help account for the expenditure of public money. However there is greater public interest in protecting the commercial interests of organisations which tender for Scottish Government contracts and meet our obligations in accordance with the Public Contract (Scotland) regulations 2015.

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

Response In relation to point 1, the suppliers who applied for inclusion on each framework/contract were; Ernst & Young LLP Pricewaterhouse Coopers LLP Teneo Restructuring Ltd Deloitte LLP Interpath Ltd Grant Thornton UK LLP RSM Restructuring Advisory LLP This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the remainder of the information you have requested in relation to this point. In relation to point 2, we believe an exemption(s) under section(s) 30(c) applies to all of the information you have requested. 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.

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