This email is protectively marked OFFICIAL

Dear Karina,

We acknowledge receipt of your request and can inform you this has been forwarded to Magnox Ltd.

Kind regards,

Julie Freeman
On behalf of NDA FOI dept.

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This email is protectively marked OFFICIAL

Dear Karina

I apologise for the delay in responding to your request. Please find attached a redacted copy of the tender submission requested.

Where you see s.40 in the text we have withheld personal information applying s.40(2) exemption of the Freedom of Information Act 2000. In applying s.40 we have exemption we have considered the following:

The staff involved are not NDA employees. They would have a reasonable expectation that their personal information would not be released into the public domain. We have also considered the Information Commissioner's guidance on the disclosure of third parties personal information and have reached the decision that it would be unfair to the individuals concerned and would contravene at least one of the GDPR data protection principles, namely that data must be processed lawfully and fairly (Section 40 (3)(a)(i)).

Where you see s.43(2) in the text we are withholding commercially sensitive information and applying s.43(2) Commercial interests exemption of the Freedom of Information Act 2000. In applying this exemption we have considered the Public Interest for and against disclosure:

We recognise a need for transparency to ensure the public can engage and have faith in the manner in which goods and services are procured. It is possible that disclosure of this information could assist in further understanding of procurement processes and the bidding process. Also as a public authority we have obligations to account for the way we spend public money and decision processes around this spend.

However, there is a public interest in ensuring public procurement can be conducted effectively and that organisations bidding for public work should be able to do so without fear that their commercially sensitive information will be released. There is a public interest in ensuring that future procurements proceed in an environment where a free and fair competition is possible and achieve the best value for public funds. We believe that disclosure of this information to competitors would be likely to prejudice the commercial interests of the company concerned, as it is likely that similar information would be required from applicants in any future procurement. Disclosure could give parties considering bidding in future processes an indication of the business methods and processes considered as favourable and this could result in applicants seeking to adopt already proven processes diminishing innovation and narrowing submissions.

We therefore believe that on balance the public interest is best served by applying the exemption and withholding the information.

If you are unhappy with the way your request for information has been handled, you can request the NDA carry out an internal review, in the first instance contact [email address]

If you remain dissatisfied with the handling of your request or complaint you have a right to appeal to the Information Commissioner at:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Regards

Judith Griffin
Information Access Manager
NDA, Herdus House,
Westlakes Science & Technology Park,
Moor Row, CA24 3HU
Tel. no. 01925802077

Please note that I work Tuesday – Thursday from 8:30 – 16:30.

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