FOI/202600516176 · FOI/EIR · clarification
A9 Dualing - Faskally forest Access Track Junction: EIR release
Information requested
Competition for the Faskally Forest Access Track Junction Improvement under A9 between Pitlochry to Killiecrankie
1. All details relating to the contract/order for the tarmac surfacing and kerbing of approximately 550 square metres that was issued at a total cost of £282,289.24.
2. A full breakdown of this cost, including (but not limited to):
Labour costs Material costs (tarmac, kerbs, etc.) Plant and equipment costs Any overheads, profit, or management fees Any other line items that make up the total
3. The name of the contractor to whom the work was awarded.
4. Copies of any tender documents, quotes, or rate schedules used to arrive at this price.
5. Any internal assessments, justifications, or approvals for this expenditure, particularly given that the rate equates to approximately £513 per square metre.
6. Details of the location/road where this work was (or is to be) carried out.
If any of the requested information is held by BEAR Scotland as your operating company, please obtain it from them and release it as part of this request.
I would prefer to receive the information in electronic format. Please let me know as soon as possible if you need any clarification.
Response
1. All details relating to the contract/order for the tarmac surfacing and kerbing of approximately 550 square metres that was issued at a total cost of £282,289.24.
It may be helpful to explain that the works are construction of improvements to the existing Faskally Forest Direct Access onto the A9 Perth to Inverness Trunk Road including but not limited to site clearance, earthworks and pavement construction.
Please find attached Annex A, B, C and D containing some of the information that was provided to the contract tenderers through the Public Contracts Scotland Portal in relation to the contract/order. This includes Instructions to Suppliers, Engineering and Construction Short Contract, Drawing Sheets and Pre-Construction Information. Some of this information has been redacted, please refer to exception details below.
Regulation 11(2) of the EIRs (personal information)
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information you have requested because it is the personal data of a third party. While our aim is to provide information whenever possible, in this instance a small amount of information, i.e. names of junior Scottish Government officials and employees of other organisations, have been redacted from the report. This exception applies because disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and section 34(1) of the Data Protection Act 2018. This exception 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 exception.
Regulation 10(5)(a) – substantial prejudice to international relations, defence, national security or public safety
An exception under regulation 10(5)(a)of the EIRs applies to some of the information you have requested, such as drawings showing the location and arrangement of utility infrastructure, as disclosure would, or would be likely to, prejudice substantially public safety.
The requested information comprises detailed plans showing the location and configuration of critical utility networks, including underground services. Disclosure of such information into the public domain would increase the risk of damage, interference or misuse of essential infrastructure. This could result in disruption to key services such as electricity, gas or water supply, and may pose a risk to public safety through accidental or deliberate interference with these assets.
This exception 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 exception.
We recognise that there is a public interest in disclosing information as part of open and transparent government, and to support public understanding of environmental matters and infrastructure. However, there is a greater public interest to minimise the likelihood of both deliberate misuse, accidental damage and disruption to essential services arising from the availability of sensitive technical information. Accordingly, the information has been withheld under Regulation 10(5)(a).
You can also find details of the contract award notice on Public Contracts Scotland website at the following link: View Notice - Public Contracts Scotland.
2. A full breakdown of this cost, including (but not limited to):
Labour costs Material costs (tarmac, kerbs, etc.) Plant and equipment costs Any overheads, profit, or management fees Any other line items that make up the total
Please see Annex E for the Price List table that was used to arrive at the tenderer’s total price. Some of this information has been redacted, please refer to below exception details.
Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information)
An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of potential bidders for ongoing and/or future procurements and also the financial interests of the Scottish Government. Disclosing references to potential bidder actions and breakdowns of prices could impact on contracts currently in procurement. This information would be likely to give competitors an advantage in future similar tendering exercises, which would substantially prejudice ability for companies to submit competitive tenders and so could significantly harm their commercial business and impact the financial interests of the Scottish Government.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for Transport Scotland’s contracts, to ensure that we are always able to obtain the best value for public money.
3. The name of the contractor to whom the work was awarded.
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
You can find details of the contractor awarded this contract on Public Contracts Scotland website at the following link: View Notice - Public Contracts Scotland
4. Copies of any tender documents, quotes, or rate schedules used to arrive at this price.
Please refer to response to questions 1 and 2 above.
5. Any internal assessments, justifications, or approvals for this expenditure, particularly given that the rate equates to approximately £513 per square metre.
Please see attached Annex F which includes Investment Decision Making Paper for Approval to Proceed to Award and confirmation of approval given. Some of this information has been redacted, please refer to exceptions below.
Regulation 11(2) of the EIRs (personal information)
Please refer to exception details in response to question 1 above.
Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information)
Please refer to exception details in response to question 2 above.
6. Details of the location/road where this work was (or is to be) carried out.
Please refer drawings in Annex C attached for Faskally Forest Access Track Junction Improvement works.
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
This exception applies because disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and section 34(1) of the Data Protection Act 2018. Regulation 10(5)(a) – substantial prejudice to international relations, defence, national security or public safety An exception under regulation 10(5)(a)of the EIRs applies to some of the information you have requested, such as drawings showing the location and arrangement of utility infrastructure, as disclosure would, or would be likely to, prejudice substantially public safety. Accordingly, the information has been withheld under Regulation 10(5)(a). Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information requested. Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) Please refer to exception details in response to question 2 above.