Mr Owen Smith
PO Box 43
Sent by Email
Please ask for
16 December 2020
Dear Mr Smith Freedom of Information Act 2000
I am pleased to provide some of the information you have requested. I have detailed
this below:. * Actual contract values of each framework/contract (& any sub lots)
The total value of the contract is £556,062.50. (There are no sub lots). * Start date & duration of framework
The contract started on 23 rd October 2020. The initial term is until 31 st December
2020. * Is there an extension clause in the framework(s)/contract(s) and, if so, the
duration of the extension?
Yes, the Council reserves the right to extend the contract by further periods not
exceeding 48 months. * Has a decision been made yet on whether the framework(s)/contract(s) are
being either extended or renewed?
No * Who is the senior officer (outside of procurement) responsible for this contract?
Mark Ryder, Strategic Director for Communities
I can confirm that the remainder of the information you have requested is held by
Warwickshire County Council. However, I am unable to give this to you. * Suppliers who applied for inclusion on each framework/contract and were
successful & not successful at the PQQ & ITT stages
The successful Tenderer
This is a single supplier contract for a specialist organisation to deliver a start-up service
across Warwickshire. The procurement followed the Open Procedure; the contract was
awarded to Coventry and Warwickshire Chamber of Commerce.
Tenders were received from four suppliers in total. One of the suppliers failed to pass
the Selection Stage, the remaining three proceeded to the Award (ITT) Stage.
Contracting Authorities are obliged to publish the results of a procurement procedure in
a Contract Award Notice including the number of tenders received and the successful
bidder (CAN number is 2020/S 031-073829). However, we are under no obligation to
publish details of the unsuccessful bidders. This is commercially sensitive information.
We consider that the qualified exemption set out in Section 43 (Prejudicial to
commercial interests) applies to the information requested. Therefore, we have decided
to withhold the information.
In applying this exemption, we have had to balance the public interest in withholding the
information against the interest in favour of disclosure. Factors in favour of disclosure
This shows Warwickshire County Council's commitment to openness and transparency
in its commercial activities, to allow public scrutiny and to demonstrate that public funds
are being used in an efficient and effective way. Factors in favour of withholding
As a Contracting Authority Warwickshire County Council are not required by law to
publish details of the unsuccessful bidders. This is recognised by the market. Some
suppliers would also argue that publishing this information is against their commercial
Disclosing their names could potentially cause damage to an unsuccessful supplier's
reputation, affecting the supplier's competitive position in their respective market and
confidence that its customers, suppliers or investors may have in its commercial
It could also deter potential bidders for future contracts. Warwickshire County Council
must retain commercial confidence of third party bidders when they choose to engage in
commercial activities with us. The release of this information may jeopardise this
In all the circumstances of the case, the public interest in maintaining the exemption
outweighs the public interest in disclosing the information.
If you are dissatisfied with the handling of your request, you have the right to ask for an
internal review. Internal review requests should be submitted within 40 days of the date
of receipt of the response to your original letter and should be addressed to:
If you are not content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
The Information Commissioner's Office
Tel: 0303 123 1113 Website: www.ico.org.uk
I will now close your request as of this date.
Freedom of Information Team
Customers & Information Services