- 13 May 2019
Date received: 12 Apr 2019
Date responded: 10 May 2019
Under the Freedom of Information (Scotland) Act 2002 we formally request the commercial submission for the 1st ranked supplier (ASA Recruitment) under the following Framework Agreements;
1. Framework for the Provision of Interim IT Staff Services – National (Awarded 29.03.19).
2. Framework for the Provision of Interim Professional Staff Services - National (Awarded 29.03.19).
Annex A of this letter explains why we cannot provide the full commercial submissions for the 1st ranked supplier, ASA Recruitment, for the Frameworks listed above.
Please note the attached, redacted versions of the commercial submissions for ASA for the Provision of Interim IT Staff Services – National, and the Provision of Interim Professional Staff Services – National.
REASONS FOR NOT PROVIDING INFORMATION
A1: We do endeavour to provide all of information whenever possible. However, in this instance an exemption under section 33(1)(b) of FOISA applies to the information requested.
Disclosure 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.
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.
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.
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House