Freedom of Information Request BA-PCT/2012-8-6/94529791 – APMS
Request:
How many APMS contracts have been tendered over the last twelve months? –
Information provided
What is the financial value of each contract? – Information provided
Have you any further APMS contracts to be tendered over the next twelve months? –
Information provided
Can you publish or make available a copy of the successful tender for each of the
APMS contracts tendered over the last twelve months? - Information withheld
Section 43(2) – Commercial Interest
(Information is exempt information if its disclosure under this Act would, or would be
likely to, prejudice the commercial interests of any person (including the public
authority holding it).)
Public Interest Test:
Factors for releasing the information:
The PCT has firstly considered whether a release of the information into the public
domain is likely to harm commercial interests of any party.
In coming to a conclusion over release of information, however, the PCT must weigh
this risk to commercial interests against the factors that favour release of information
(these factors are set out below):
• Promote accountability and transparency by public authorities for decisions
taken by them
• Promote accountability and transparency in the spending of public money
• Allow individuals and companies to understand decisions made by public
authorities affecting their lives
Factors for withholding the information:
The current environment in the NHS in terms of commissioning of services and the
mechanisms for organisational re-structure means there is an evolving internal
market for services which is neither fixed or a monopoly of provision and which
allows for an element of competitiveness. This means that NHS Trusts are operating
in a commercial environment. In considering the factors for withholding the
information the following factors for prejudice are considered likely to occur:
• To release this detailed information into the public domain would allow other
organisations/persons to assess the financially viability of those making the
tender with consequences which are likely to jeopardise the trading activities
planned by them.
• Competitors may use the organisations financial information
(overheads/budget) which may affect future contract negotiations.
• Release of the information may prejudice the PCT’s ability to run a fair
procurement exercise in the future as required by the Public Contracts
Regulations 2006.
• It is in the public interest to maximise the opportunity to obtain best value for
money and to not prejudice on-going or prospective procurement exercises
involving this PCT or other PCTs. It is also in the public interest that NHS
providers obtain their supplies at the best price. It is further in the public
interest to seek to ensure that bidders compete fairly and to seek to ensure
that due competition for Public Sector contracts is maximised. Also bidders
may be discouraged from tendering if this PCT acquires a reputation for
inappropriately disclosing commercially sensitive information.
• The requested documents relate to a similar (if not like for like) tender which
is currently ongoing and the PCT feels that the information requested is
classed as still being current and therefore release of the information could
potentially disadvantage potential bidders.
Decision:
In view of the above factors, it can be concluded that there is a risk of harm to
commercial interests.
The PCT acknowledges the need to be open and transparent, to be accountable for
how public monies are spent and to assist individuals to understand decision making
processes.
In making the decision about the release of information requested, the PCT has to
consider potential harm to commercial interests against benefits to the public interest.
It would conclude that to provide the requested information - the harm to commercial
interests would out weigh any additional benefit to public interest or awareness.
Having considered the public interest therefore the PCT’s decision is to withhold the
requested information.
29 August 2012