FOI/202600515117 · FOI · partially withheld
Stripe Communications procurement documents: FOI release
Information requested
Please can you provide the successful pitch from Stripe Communications for the procurement of reference number JUL360697 which commenced on 21.6.19.
Please also provide the notification from yourselves to the successful bidder.
Response
Please find attached, copies of the two documents you have requested titled “MSF 2017 – Smarter, Wealthier and Fairer – PR – Proposal – Stripe – 28 May 2019 Redacted 2.zip” and “MSF 2017 – Smarter, Wealthier and Fairer – PR – Outcome Letter – 20 June 2019 R.pdf”. Your request has been interpreted as a request for those documents.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 33(1)(b) of FOISA applies to that information within the successful pitch document. Additionally, an exemption under section 38(1)(b) of FOISA applies to some information within the award notification letter. The reasons why these exemptions apply are explained in the Annex to this letter.
ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies, subject to the public interest test
Exemption under section 33(1)(b) of FOISA applies to some of the information you have requested.
Section 33(1)(b) is applied where disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation. Where information has been redacted, it has been concluded that this information falls within the scope of the exemption and would prejudice the commercial interests of the concerned agency. Providing the detail of how the agency has responded to the technical evaluation questions could disadvantage the company by exposing their strategic approach and operational capability. Disclosures of this nature would provide competitors with insight to the company’s business strategies providing advantage in subsequent procurement competitions. This would have a negative impact on the integrity of the procurement process and the commercial operation of the company.
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 there is some public interest in release and that the likelihood of harm may be partially diminished due to the passage of time. This is outweighed however by the public interest in maintaining a competitive procurement strategic process.
An exemption applies
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. Section 38(1)(b) is applied where disclosure of personal data would contravene any of the data protection principles in Article 5(1) of the UK GDPR.
This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 33(1)(b) of FOISA applies to that information within the successful pitch document. Additionally, an exemption under section 38(1)(b) of FOISA applies to some information within the award notification letter. The reasons why these exemptions apply are explained in the Annex to this letter. ANNEX REASONS FOR NOT PROVIDING INFORMATION An exemption applies, subject to the public interest test Exemption under section 33(1)(b) of FOISA applies to some of the information you have requested. Section 33(1)(b) is applied where disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation.