Public Sector staffing frameworks: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Please may I request a copy of the winning tenders in response to:
- Tender Ref: Sp-18-012 – Framework for the Provision of Admin, Catering & Manual Staff Services – North Region
- Tender Ref: Sp-18-013 – Framework for The Provision of Admin, Catering & Manual Staff Services – South Region
Response
Annex A of this letter explains why we have not provided the full technical submission for Pertemps Recruitment Partnership Ltd, for the South Region Frameworks listed above.
Annex B of this letter explains why we cannot provide the full technical and commercial submissions for the suppliers for the Frameworks listed above.
Annex C of this letter provides the redacted versions of the technical and commercial submissions for:
North Region
Pertemps Recruitment Partnership Ltd
ASA International Ltd, trading as ASA Recruitment
Genesis Personnel Ltd
Blue Arrow Ltd
South Region
Pertemps Recruitment Partnership Ltd (Commercial submission only)
Blue Arrow Ltd
ASA International Ltd, trading as ASA Recruitment
Brightwork Ltd
ANNEX A
REASON FOR NOT PROVIDING INFORMATION
Some of the information you have requested for Pertemps Recruitment Partnership Ltd (South Region) is available from the Scottish Government website https://www.gov.scot/publications/foi-19-01032/. 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 website(s) listed, then please contact me again and I will send you a paper copy.
ANNEX B
REASONS FOR NOT PROVIDING INFORMATION
We do endeavour to provide all information whenever possible. However, in this instance exemptions under section 33(1)(b) (Commercial Interests) and section 38(1)(b) (Personal Information) of FOISA apply to some of the information requested.
Disclosure of some of this information is withheld under s33(1)(b) [Commercial interest], as disclosure of it is likely to prejudice substantially the commercial interest of the bidders and the Scottish Government. As these exemptions are conditional we have applied the public interest test to the information. This means we have, in all circumstances of this case, considered if the public interest in disclosing the information outweighs the exemption. We have found that, on balance, the public interest lies in favour of upholding exemption. We recognise there is a public interest in having transparent tendering processes. On the other hand, commercially sensitive information will be made public, and it is likely to damage the commercial interests of the companies whose information is released. This, in turn, could mean that the Scottish Government may be unable to generate genuine and effective competitive tendering processes, and that, in our view, would not be in the public interest.
Finally, parts of the tender documents are also exempt from disclosure under s38 (1)(b) of the Act [Personal Information], which does not require consideration of the public interest test.
You will find full details of the exemptions that I consider apply to the information you requested at www.legislation.gov.uk/asp/2002/13/contents.
Copyright warning
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Information you receive which is not subject to Crown Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non Crown Copyright) information.
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
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