Information on Interim IT, Temp Catering & Manual Staff Frameworks: FOI release

Q1. Framework conditions of contracts including terms and conditions issued to agencies on the Interim IT framework and any agencies supplying outwith framework. 

Q2. Turnover (spend) with each agency on the Interim IT framework and any agencies supplying outwith framework.

Q3. Commercial submission for Harvey Nash plc for previous Interim IT Framework.

Temp Catering & Manual Staff Framework [Previous].

Q4. Pertemps quality and commercial submission for the previous Temp Catering & Manual Staff framework.

A1. Framework conditions of contracts including terms and conditions issued to agencies on the Interim IT framework and any agencies supplying outwith framework. 

Annex A of this letter provides framework conditions of contracts including terms and conditions issued to agencies on the Interim IT framework.

Annex E of this letter explains why we cannot provide Framework conditions of contracts including terms and conditions issued to any agencies supplying outwith framework. 

A2. Turnover (spend) with each agency on the Interim IT framework and any agencies supplying outwith framework.

Annex B of this letter provides turnover (spend) with each agency on the Interim IT framework.

Annex E of this letter explains why we cannot provide turnover (spend) with any agencies supplying outwith framework. 

A3. Commercial submission for Harvey Nash plc for previous Interim IT framework.

Annex C of this letter provides a redacted version of the Commercial submission for Harvey Nash plc for the previous Interim IT framework. 

Annex E of this letter explains why we cannot provide details of the full Commercial submission for Harvey Nash plc for the previous Interim IT framework. 

A4. Pertemps quality and commercial submission for the previous Temp Catering & Manual Staff framework.

Annex D of this letter provides details of the Pertemps quality and commercial submission for the previous Temp Catering & Manual staff framework.

Annex E of this letter explains why we cannot provide details of the full Pertemps quality and commercial submission for the previous Temp Catering & Manual staff framework.

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A1 & 2: While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The reason for this is that to locate and retrieve that information we would need to conduct a search of all of the records of the Scottish Government. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. 

A3 & 4: We do endeavour to provide all of information whenever possible. However, in this instance an exemption under section 33(1)(b) and section 38 of FOISA applies to some of the information requested. 

In addition, 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 the exemption is 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, if commercially sensitive information is made public, 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 of the Act [Personal Information], which does not require consideration of the public interest test.

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