Multi-supplier Framework Agreement information: EIR release

Information requested

Multi-supplier Framework Agreement for proposed utility diversions and/or protection audit and advice services:

https://www.find-tender.service.gov.uk/Notice/035631-2022

The details we require are:

What are the contractual performance KPI's for this contract?

Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages.

Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date.

Start date & duration of framework/contract.

Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?

Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?

Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?

Who is the senior officer (outside of procurement) responsible for this contract?

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I have responded to each of your questions below;

What are the contractual performance KPI's for this contract?

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested.

We do not hold this information as this framework does not include contractual performance KPIs. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

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. While we recognise there may be some public interest in contractual performance KPIs we cannot provide information which we do not hold.

Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages.

The contract award notice for this framework was published on the Public Contracts Scotland website. The award notice confirms those suppliers that were invited to conclude a framework agreement. Please see following link to this information; View Notice - Public Contracts Scotland

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

In regards to suppliers that are not on the framework agreement, an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to the information you have requested. This exception applies because disclosure of this information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by the Tenderer and thus cause substantial harm to their commercial interests.

Disclosing this information could discourage suppliers from participating in future tender exercises and so could significantly harm their commercial business.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government. However, there is a greater public interest in protecting the commercial interests of companies which tender for Transport Scotland’s contracts, to ensure that we are always able to obtain the best value for public money.

Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date.

£12,406.02 excluding VAT has been spent against this Framework Agreement to the date of your request, 24 April 2025. This figure includes payments made to Long O’Donnell Associates appointed via the call off contract for provision of utility diversions and/or protection audit and advice services for the A9 Dualling: Tay Crossing to Ballinluig Project.

Start date & duration of framework/contract.

The Framework Agreement commencement date was 24 October 2022 and has a call-off period of 4 years. The date of conclusion of the Framework Agreement is 24 October 2026. Individual call-off contracts made under the Framework Agreement will have individual commencement dates and conclusion dates.

Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

The contract notice for this framework was advertised to the Public Contracts Scotland website. Please see following link to this information; View Notice - Public Contracts Scotland.

Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?

I can confirm that an extension clause is not included within the Framework Agreement.

Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?

As noted above, the Framework Agreement does not include an extension clause. The Contract Notice states that the framework is not "subject to renewal". This means that the contract may not be renewed after its initial term ends.

Who is the senior officer (outside of procurement) responsible for this contract?

The Director of Purchasing for Transport Scotland is Lawrence Shackman and individual call-offs under the Framework are managed by a Project Manager and Delegated Purchasing Authority.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.