FOI/202500497274 · FOI · partially withheld
Accountant in Bankruptcy - Insolvency services tender information: FOI release
Information requested
1. Conflict-of-Interest Declarations by Evaluators.
2. Final Ranked List of Tenderers (anonymised if necessary).
3. Evaluation Methodology, Criteria and Weightings.
Response
1. Copies of the Declaration of Confidentiality & Impartiality documents, in respect of the insolvency services tender are attached at Annex A.
An exemption under section(38(1)(b) [personal information of a third party] of FOISA applies to some of the information you have requested. Therefore, I have redacted the name and signatures of the individuals. 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.
2. The final ranked list of tenders was:
1st Ranked: Bidder 1 2nd Ranked: Bidder 2 3rd Ranked: Bidder 3
An exemption under section 33(1)(b) [commercial interests and the economy] of FOISA applies to all of the information you have requested. We consider releasing these rankings could potential substantially prejudice the commercial interest of the ranked bidders as there are risks the public, and the wider insolvency sector, drawing incorrect inferences about capability, capacity and/or performance.
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 in release because AiB want to be transparent in their dealings with public tenders.
However, this is outweighed by the public interest in potentially adversely impacting future competition in what is a small business sector.
3. This information is available at View Notice - Public Contracts Scotland (Schedule 7 - Instruction for Tenderers). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the Pubic Contracts Scotland website, please contact me again and I will send you a paper copy.
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
An exemption under section(38(1)(b) [personal information of a third party] of FOISA applies to some of the information you have requested. 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. The final ranked list of tenders was: 1st Ranked: Bidder 1 2nd Ranked: Bidder 2 3rd Ranked: Bidder 3 An exemption under section 33(1)(b) [commercial interests and the economy] of FOISA 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.