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FOI/202400432238 · FOI · partially withheld

Scottish Forestry Provision of an HR, Payroll and Learning Management Service contract publication: FOI release

Published
2024-10-22
Received
2024-09-12
Responded
2024-10-10
Directorate
Topic
Farming and rural, Public sector
Exemptions
3, 17(1), 33(1)

Information requested

Scottish Forestry - Provision of an HR, Payroll and Learning Management Service: https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=JUN506905

The details we require are: 1. What are the contractual performance KPI's for this contract?

2. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages.

3. Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date.

4. Start date & duration of framework/contract?

5. Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?

6. Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?

7. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?

8. Who is the senior officer (outside of procurement) responsible for this contract?

Response

The numbers below relate to the different aspects of your request set out above.

1. There are no contractual KPIs as the contract was not awarded.

2. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested, the name of the potential bidder, because exemptions under sections, 33(1)(b) (substantial prejudice to commercial interests). Please see Annex A for the reason this exception applies.

3. None as the contract was not awarded.

4. None as the contract was not awarded.

5. A copy of the specification is available at the following website: https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=JUL484393.

6. There is no extension as the contract was not awarded.

7. Not applicable as the contract was not awarded.

8. None as the contract was not awarded.

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 of exceptions under regulations Section 17(1) of FOISA (information not held) (your queries as numbered 1, 3, 4, 6, 7 and 8 above), and 33(1)(b) (your query as numbered 2 above) (substantial prejudice to commercial interests) applies to some of the information you have requested. Please see Annex A for the reason(s) these exceptions apply.

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION An exemption under section 17(1) (information not held) of FOISA applies to some of the information you have requested in this part of your request; the Scottish Government is not required to provide information which it does not have.

An exemption under section 33(1)(b) (substantial prejudice to commercial interests) of FOISA applies to some of the information you have requested. It is considered that releasing this information, and potentially giving competitors detailed knowledge of a potential bidder and the workings of the assessments they provide, would have a significant impact on the bidder to and the commercial trading activity they undertake.

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. Releasing this kind of information would deter potential bidders/providers from tendering for this kind of contract in future and it would not be in the public interest, or good value for money, to limit the number of providers tendering.

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.

Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG

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, the name of the potential bidder, because exemptions under sections, 33(1)(b) (substantial prejudice to commercial interests). 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 of exceptions under regulations Section 17(1) of FOISA (information not held) (your queries as numbered 1, 3, 4, 6, 7 and 8 above), and 33(1)(b) (your query as numbered 2 above) (substantial prejudice to commercial interests) applies to some of the information you have requested. ANNEX A REASONS FOR NOT PROVIDING INFORMATION An exemption under section 17(1) (information not held) of FOISA applies to some of the information you have requested in this part of your request; the Scottish Government is not required to provide information which it does not have. An exemption under section 33(1)(b) (substantial prejudice to commercial interests) of FOISA applies to some of the information you have requested. This exemption is subject to the ‘public interest test’.

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