- 16 Aug 2019
Date received: 18 Jul 2019
Date responded: 15 Aug 2019
The following responses from the winning bidder for the Server and Infrastructure Maintenance Framework tender. Questions 1.1, 1.2, 1.4, 1.5, 2.2 and 2.3
Attached is a copy of most of the information you requested covering 28 pages. Some of the information included in the following sections is subject to an exception under Section 33(1)(b) of FOISA (commercial interests).
Question 1.1 Core Services — (Schedule la — Section 4) — Sub heading 'Verifying Kit Lists, Spares Management, Contract Changes & Invoicing'
Question 1.2 — Optional services — (Schedule la — Section 4) Sub heading 'Verification of Requests'
Question 1.4 — Framework management, and Promotion — (Schedule la— Section 8)
Question 1.5 — Service Desk, Complaints & Escalation Procedures — (Schedule la — Section 17, 23, 24)
Question 2.2 — Malicious Software — (Schedule la Section 21)
Question 2.3 — Risk Management (Schedule 1 — Section 32) 'Server Maintenance Framework Key Risks'
Section 33(1)(b) - commercial interests
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of MCSA. Disclosing this information would be likely to give MCSAs competitors an advantage in future similar tendering exercises, which would substantially prejudice MCSAs ability to submit competitive tenders and so could significantly harm their commercial business".
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 a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for and enter into, Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House