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Information relating to an existing contract arrangement

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Dear FOI Team,

I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.

Creative Production and Prospectus Services/PRO/OJEU/2019:
http://ted.europa.eu/udl?uri=TED:NOTICE:...

The details we require are:
• 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
• 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?

Thank you for your help.

Yours sincerely

Reginald Henry

Freedom-of-Information, Open University

Dear Reginald

I am writing to acknowledge receipt of your Freedom of Information Request.
Your request is receiving our attention and you will hear from us again within 20 working days at the latest.

Yours sincerely

Freya Austin

Freya Austin | Clerical Assistant, Information Rights
Information Rights, University Secretary’s Office
The Open University, Level 5, Charles Pinfold Building, Walton Hall, Milton Keynes, MK7 6AA
Email: [Open University request email]  

Freedom of Information Publication Scheme

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Freedom-of-Information, Open University

3 Attachments

Dear Reginald,

 

We write further to your email dated 11.02.2021 requesting information
under the Freedom of Information Act 2000 (“FOIA”).

 

Duty to confirm or deny

 

The University confirms that it holds information forming your Request as
stated below. Some of the information that you have requested is exempt
from disclosure, further information on this is set out under the headings
“Communication” and “Exemptions” below.

 

Communication

 

Under FOIA, the University has an obligation to provide requesters with
information that it holds in a recorded format at the time of the request,
subject to any applicable exemptions. The University is not required to
create information to respond to such requests or answer questions (for
example, such as why a certain approach has not been taken) where it does
not hold the information to enable it to provide such a response.

 

In line with our obligations to advise and assist, we have, where able
provided you with information to assist you. The responses to your
questions (in bold) are set out below:

 

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

 

We are able to provide the names of the suppliers awarded a place on the
framework as set out below:

o Lot 1: Matrix Graphic Ltd
o Lot 2: Rock Kitchen Harris Ltd & Matrix Graphics Ltd

 

Unfortunately we are unable to provide the names of bidders at SQ stage or
those unsuccessful at ITT stage, as this information is withheld from
disclosure under s. 43(2) of the FOIA as set down below.

 

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

 

The total spend on lot 2 is shown below, split by agency, but also added
the total so far.

o Rock Kitchen Harris Ltd = £90,002.88
o Matrix Graphics Ltd = £57,600
o Total = £147,602.88

 

• Start date & duration of framework

 

1st June 2020 – 31st May 2022, with an option to extend for a further 24
months = 4 years in total

 

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

 

Yes, 2 x 12 months available, 24 months in total

 

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

 

The University does not currently hold this information as the initial
period does not expire until 31st May 2022

 

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

 

Unfortunately this information is the personal data of individual members
of staff and disclosure is exempted under section 40(2) of the FOIA (as
set out below)

 

Exemptions

 

Section 40(2) – Personal Data of Third Parties

 

We have withheld the information the falls under your Request where it
forms the personal data of third parties, Releasing the names (or job
titles that enabled identification ) of the senior responsible officer for
the above contract would breach Data Protection Legislation. The details
of the staff you request are not in the public domain and it is not the
reasonable expectation of that staff member that their information is so
released and to do so would contravene the principle of fairness and
transparency set down in both the Data Protection Act 2018 and the General
Data Protection Regulation. 

 

Section 43(2) – Commercial interests

 

We have withhold the names of bidders at SQ stage and those unsuccessful
at ITT stage as we consider they are exempt from disclosure under the FOIA
 namely Section 43(2) whereby information the disclosure of which would,
or would be likely to, prejudice the commercial interests of any [legal]
person.

 

We consider that releasing the information requested would be likely to
prejudice the commercial interests of those bidders. Releasing the names
of the bidders (who were not successful) into the public realm would be
likely to prejudice those contractors’ commercial interests as it would
disclose their interest in these services tendered by the University and
the fact they were unsuccessful in the bid. This information when released
could lead to a negative perception of the commercial viability of those
bidders and expose their potential strategic direction in exploring areas
of commercial interest.

 

This exemption however is subject to a "public interest test" where the
University as a public authority is obliged to weigh the public interest
in release against the public interest in withholding the information. We
recognise there is an overall public interest in terms of transparency in
knowing who the University contracts to provide key services once those
contracts have been agreed; but the details of the successful bidders has
already been provided and we can see no substantive public interest or
benefit in releasing details of those unsuccessful bidders. Conversely the
substantive risk of commercial prejudice as set out above could deter
contractors from tendering for such public sector tenders in the future.
We therefore consider that the public interest in disclosing the
information is outweighed by the public interest in ensuring effective
competition within the public sector

 

Review Process

 

If you have any concerns about the way the University has observed the
provisions of the Freedom of Information Act you may apply for your
request to be reviewed.  Freedom of Information Reviews are considered by
the University Secretary or his delegate.  Your request must be submitted
within 40 working days of receipt of this letter/email. Reviews should be
addressed to the above [1]inbox, entitled “FOIA Review”, and should set
out the reasons for the review.   You will have a further right of appeal
to the [2]Information Commissioner’s Office.

 

Yours sincerely,

 

Daniel Webb

 

 

 

Daniel Webb| Senior Manager Information Rights

University Secretary’s Office

The Open University, Level 5 (217), Charles Pinfold Building, Walton Hall,
Milton Keynes, MK7 6AA

Tel: +44 (0) 1908 332871

 

 

 

 

 

References

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1. mailto:[email address]
2. https://ico.org.uk/

We don't know whether the most recent response to this request contains information or not – if you are Reginald Henry please sign in and let everyone know.