Response to Request for Information
09 March 2012
Type of request
Freedom of Information Request
Contract for Provision of Adult Drug Treatment Services in Cambridgeshire
Could you please release the contract for 'Provision of Adult Drug Treatment Services in
Cambridgeshire' which been awarded to INCLUSION Drug Services, part of South Staffordshire
and Shropshire NHS Foundation Trust for services commencing from Monday 2nd April 2012.
I presume the successful tender document will form the basis for the contract, so would like that
released, along with any additional material which forms part of contract, including information
relating to monitoring of performance under the contract.
Copies of the information held are attached as appendices. The final contract is in the process
of being completed and signed therefore specifically that actual contract is not currently held for
the purposes of FOI. We have provided the Invitation to Tender document which includes the
main draft contract (the final section of the ITT document) and the service specifications and
contract requirements (including the monitoring of the contract) that will be included in the
Documents FOI_1719_APP2 to 4 provide Inclusion’s successful tender. The one element that
has been withheld is the detailed financial pricing structure provided by Inclusion, which is
exempt from disclosure under Section 43(2) of the Freedom of Information Act. Prejudice commercial interests
43 Commercial interests
(1) Information is exempt information if it constitutes a trade secret.
(2) 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).
Disclosing this detailed pricing information would prejudice the provider’s commercial interests
because it would allow competitors to gain a detailed insight into their internal pricing structure
and how they intend to provide this specific service. Such information is an integral part of the
provider’s commercial activities as it is a fundamental part of their ability to compete for, win and
The application of the exemption to disclosure under Section 43(2) is subject to a Public Interest
Test. There is a public interest in disclosing details of successful tenders to show the basis on
which our decision to award the contract was made.
However, this public interest has to be weighed against the fact that the third party operates in a
commercial environment and that some sections of the tender will be considered as
commercially sensitive and would have a damaging effect on the company if they were
disclosed. In this case, providing the detailed costs of how this service will be delivered by the
provider would not be in the public interest because it would be likely to prejudice the provider’s
commercial interests by disclosing internal pricing details of this provider into the public domain,
and therefore potentially to their competitors. It is in the public interest that the Council respects
the commercial sensitivity of such information provided to them by third parties where there is a
genuine risk of prejudicing their commercial interests.
We have also redacted signatures of third party officials in the document FOI_1719_APP2
under Section 40 (personal information) of the FOI Act. Disclosing these signatures would
constitute unfair processing and therefore breach the first Data Protection principle, which
states that personal data shall be processed fairly and lawfully.
Information Governance Team
RES1405 Cambridgeshire County Council
Castle Hill, Cambridge, CB3 0AP
Tel: 0345 045 5200