Publication - FOI/EIR release

Successful submission for provision of interpreting, translation and transcription services: FOI release

Published: 13 January 2022
Directorate: Scottish Procurement and Property Directorate
Topic: Public sector, Work and skills
FOI reference: FOI/202100252769
Date received: 3 November 2021
Date responded: 30 November 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

copy of the winning tender submission for the provision of interpreting, translation and transcription services provided by Global Connects ranked 1, and a copy of the tender submission provided by DA Languages Ltd ranked 3. And for these to be sent to you in electronic form.

Response

Attached is a copy of the information requested.

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 information that has not been released under these exemptions has been redacted in the documents provided. 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 having transparent tendering processes. However, there is a greater public interest in protecting the commercial interests of organisations which tender for Scottish Government contracts. Commercially sensitive information, if released, would, or would be likely to, prejudice substantially the commercial interests of these organisations which, in turn, could mean that Scottish Government may be unable to generate genuine and effective competitive tendering processes. In our view, that would not be in the public interest.

About FOI
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.