FOI Request - Review of Framework Agreement Contracts

Request 101001219107

[Re: FOI 101001205717]

Many thanks indeed for your response, which is deeply appreciated.

However, we are disappointed that you feel unable to name the unsuccessful bidders for this contract/framework.  [Company name redacted] is a growth consultancy and our aim is to help private sector organisations with their bidding process into the public sector.  Any information you provide to us is treated in the strictest  confidence and NOT shared between the bidders or any other party.  

We are, however, also somewhat concerned at the rather liberal use of Section 43(2) by some organisations when the vast majority of organisations from whom we receive responses to these requests are very happy to supply the information requested.

We would, therefore, respectfully, request a review of  this decision and very much look forward to hearing from you.

Response 12-07-2016

Following your request for a review of our response to the FOI 101001205717, a review meeting was held at the Council offices on June 24th 2016. In attendance were the Records and Heritage Manager, Senior Solicitor, Procurement Officer, Lands and Parks Officer and Information Co-ordinator.

The Council has considered your request that the names of unsuccessful bidders be released. Two points were made:

1. Information that is provided under the Freedom of Information (Scotland) Act 2002 is done so under the premise that the public are entitled to it and in consideration of this we publish all requests and responses on our website. If a requester claims that information provided under the Act will be treated in confidence, this is immaterial to our decision; we are unable to treat this request differently from any other.

2. As the information requested relates to a tender process that was completed several years ago it was decided that releasing the names of unsuccessful bidders would no longer prejudice the commercial interests of these companies.  Please therefore find the information you requested below:

The tender carried out was a single stage exercise and therefore there was no pre-qualifying stage.  There were 2 organisations who were unsuccessful.

  1. Blade Amenity Ltd - lot 2: Fertiliser, grass seed and top dressing and lot 4: Pitch marking paint
  2. Terra Firma (Scotland) Limited - lot 4: Pitch marking paint.

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