Transport Scotland Engineering & Construction Contract (NEC4 ECC) information: EIR release

Information requested

You have asked for information relating to any tenders or contracts issued in the last 18 months for construction contract management software or project management software, specifically where the software includes functionality for managing NEC, JCT, or FIDIC contracts.

The details you have requested are:

1. A breakdown of costs covered under the contract, including (where available) key service areas or deliverables.

2. The start and end dates of the contract, including any extensions or options for renewal.

3. A copy of the contract agreement (with any commercially sensitive information redacted as necessary).

4. A copy of the scope of services or specification issued as part of the contract.

5. Details of the procurement process used to award the contract (e.g. open tender, framework agreement, etc.).

6. Copies of the standstill letter if application from the previous procurement.

7. Estimated date for next procurement event for the replacement contract for these services.

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.

A license has been purchased in the last 18 months for construction contract management software or project management software, specifically where the software includes functionality for managing NEC, JCT, or FIDIC contracts.

The contract concerned was entered onto in June 2025 with Thinkproject, for the provision of contract management system software for management of the NEC4 contract for the A9 Dualling Programme: Tay Crossing to Ballinluig construction contract.

In relation to the details you have requested:

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing your parts of your request under the exception at regulation 10(4)(a) of the EIRs.

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 an exception(s) under regulation(s) 10(5) e) - Substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies to that information. This exception applies as disclosing the information could negatively impact the competitiveness of future procurement processes.

An exception under Regulation 11(2) of the EIRs (personal information) has been applied to some of the information you have requested.

Tay Crossing to Ballinluig Project

1. The contract cost is £67,460. A breakdown of costs is withheld under EIR exception 10(5)(e) – Substantial prejudice to confidentiality of commercial information. The key service deliverables can be found in the contract, requested as part 3 of your request, attached and titled Annex A.

2. Contract start: June 2025. Contract end: January 2034. There is no option in the contract for renewal.

3. A copy of the contract is attached in Annex A.

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under regulation(s) 10(5)(e) - Substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies to that information and 11(2) . This exception applies as disclosing the information could negatively impact the competitiveness of future procurement processes. An exception under Regulation 11(2) of the EIRs (personal information) has been applied.

4. The scope of the contract is attached in Annex B.

5. This contract was awarded without competition following market engagement.

6. No standstill letter was issued. Whilst our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing this part of your request under the exception at regulation 10(4)(a) of the EIRs.

7. It is not anticipated that there will be a need to replace the licence that has been purchased therefore these is no estimated date for a next procurement event for a replacement contract for these services.

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.

FOI 202600508262 - Information Released - Annex A and Annex B

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