- 10 May 2019
Date received: 12 Apr 2019
Date responded: 10 May 2019
The quality submission for the 1st ranked supplier [Pertemps Recruitment Partnership Ltd] under the following Framework Agreement;
 Provision of Temporary Administrative, Catering & Manual Staff Services – South Region [Awarded 29.03.19].
Annex A explains why we cannot provide the full technical submission for the 1st ranked supplier, Pertemps Recruitment Partnership Ltd, for the Framework listed above.
Annex B provides the redacted version of the technical submission for Pertemps Recruitment Partnership Ltd
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.
Redacted version of the quality submission for Pertemps Recruitment Partnership Ltd. (document attached)
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House