"tender submission that was successful" in relation to the Scottish Government contract for a BSL-based Video Relay Service.
The contract was awarded to the company Sign Language Interactions Ltd following a procurement conducted in 2016. I enclose a copy of that company's tender for the contract.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 38(1)(b) (personal information) and 33(1)(b) (commercial interests) of FOISA apply to that information. The reasons why these exemptions apply are explained below.
An exemption applies (personal information)
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party (such as the names, contact details and CVs of individuals) and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
An exemption applies, subject to the public interest test (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 be likely to prejudice substantially the commercial interests of our tenderers. Specifically, disclosing this information would be likely to give these organisations’ competitors an unfair advantage in future similar tendering exercises. This exemption has been applied to details of the tenderer's proposed methodologies, technologies and internal procedures.
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 organisations which tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
Information available elsewhere
Some of the information you have requested (consisting of company accounts) is available from the Companies House website. 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 listed, then please contact me again and I will send you a paper copy.
Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide.
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
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