Marketing Creative & Design Services Tender - AWARD

The request was successful.

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.

Marketing Creative & Design Services Tender - AWARD:
https://www.contractsfinder.service.gov....

The details we require are:
• What are the contractual performance KPI's for this contract?
• 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/contract?
• Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?
• 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,

Alicia

infocompliance, Resource, University of Warwick

Thank you for your email to [1][University of Warwick request email] which has been
received by the University's Legal and Compliance Services team. 

We endeavour to respond to Freedom of Information requests within 20
working days and to data subject rights requests within one month.

In the meantime, for general advice relating to [2]freedom of information
and [3]data protection, you may find our webpages to be helpful.

References

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3. https://warwick.ac.uk/services/legalandc...
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infocompliance, Resource, University of Warwick

4 Attachments

Alicia

Thank you for your email dated 09 March 2022 requesting information from
the University of Warwick under the Freedom of Information Act (FOIA)
2000. Please find below your request and the University’s response.

FOI Request

Marketing Creative & Design Services Tender - AWARD:

 

[1]https://www.contractsfinder.service.gov....

 

The details we require are:

 

• What are the contractual performance KPI's for this contract?

 

Details of Service Level Agreements are considered commercially sensitive.

 

The University declines to provide information in relation to the
contractual performance KPI’s as it considers that the release of this
information would prejudice the University and the supplier’s commercial
interests. This information is withheld under the exemption at section
43(2) of the Freedom of Information Act 2000. Section 43(2) states that
“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)”. The University considers
that the release of contractual performance KPI’s information would
prejudice the University and the supplier’s commercial interests by
revealing such information to competitors, which would provide them with
an advantage when the contract is retendered, or new quotes are sought.

 

The University considers that the commercial aspects of a successful
contract are specific to those parties to the contract. Should such
information be made available to the public at large, this would result in
the University losing credibility with its supply base, provide a
disincentive to suppliers to bid for future University contracts and
ultimately have a detrimental impact on competition and the ability of the
University to achieve value for money. The disclosure of contractual
performance KPI’s could seriously affect the competitiveness of the market
and to distort any future tender process which is not in the public
interest. As well as potentially prejudicing the University’s commercial
interests, releasing the information requested would be likely to
prejudice the supplier’s commercial interests by weakening its position in
a competitive environment and by revealing information of potential
usefulness to its competitors.

 

The exemption at section 43(2) is a qualified exemption which means that
the University must consider whether the public interest in maintaining
the exemption outweighs the public interest in disclosure. The University
considers there is no overriding public interest in the circumstances that
would warrant prejudicing the University’s or the supplier’s commercial
interests. It is important to note that disclosure under the Freedom of
Information Act is effectively disclosure to the general public, not
solely the person who has made the request and this market is highly
competitive and therefore in order for the market to retain its
competitive nature, companies need to be able to compete fairly. The
disclosure of the information requested, would impact the commercial
activity in this market with the potential to distort any future tender
process. Therefore, the University is of the opinion that the public
interest lies in favour of withholding the requested information.

 

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

 

This tender was conducted on an Open basis with no PQQ. Successful
suppliers are detailed within the Contracts Finder notice referred to in
the link above. There were 44 unsuccessful bids across the Lots.

 

The University declines to provide information in relation to unsuccessful
bidders since it considers that the exemption under section 43(2) of the
Freedom of Information Act 2000 applies. Section 43(2) states that
“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)”. The University considers
that the release of the requested information would be likely to prejudice
the commercial interests of the University and that of the unsuccessful
bidders.

Naming specific suppliers that have been unsuccessful on a University
contract in itself could have negative connotations and negative
implications for those companies’ reputations. On this basis, it could
discourage competition if, even by just submitting a bid, it could become
public knowledge that a company was unsuccessful. The University considers
that the commercial aspects of a tender are specific to those parties
involved. Should such information be made available to the public at
large, this would result in the University losing credibility with its
supply base, provide a disincentive to suppliers to bid for future
University contracts and ultimately have a detrimental impact on
competition and the ability of the University to achieve value for money.

The exemption at section 43(2) is a qualified exemption which means that
the University must consider whether the public interest in maintaining
the exemption outweighs the public interest in disclosure. The University
considers there is no overriding public interest in the circumstances that
would warrant prejudicing the University’s commercial interests.
Disclosure under the Freedom of Information Act is effectively disclosure
to the general public at large, not solely the person who has made the
request. The University is of the opinion that the public interest lies in
favour of withholding the requested information.

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

 

Total spend is approximately £700K net – this is broken down as follows:

 

o Lot 1 - approximately £200K net
o Lot 2 – approximately £500K net

The above figures are based on total supplier spend for the period
01.09.20 – 25.03.22, noting that without further validation this may
include spend covered by the contract and also outside of scope.  

 

• Start date & duration of framework/contract?

 

Commencement 1^st September 2020 for 2 years.

 

• Could you please provide a copy of the service/product specification
given to all bidders for when this contract was last advertised?

 

Requirements were included in the Invitation to Tender. Please see the
requested information in the attached document titled ‘FOI Request –
F224.21-22 Part 2 Requirements.’

 

 

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

 

Yes, 2 x 1 year extension options.

 

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

 

This is currently under review.

 

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

 

The University declines to provide the name of the person responsible for
this contract on the grounds that this may place the University in breach
of the UK General Data Protection Regulation and the Data Protection Act
2018. We are relying on the exemption under section 40(2) of the Freedom
of Information Act 2000 in this regard.

However, please note that the lead department responsible for this
contract is Marketing and Communications team.

We trust that this information will be helpful to you, however, should you
be dissatisfied with the way in which your request has been handled you
can request an internal review within 40 working days of our response and,
in the first instance, you are advised to follow the procedure outlined
here:
[2]https://warwick.ac.uk/services/legalandc...

If you remain dissatisfied with how your request has been handled, you
have a right to appeal to the Information Commissioner at: The Information
Commissioner’s Office, Wycliffe House, Walter Lane, Wilmslow, Cheshire,
SK9 5AF (0303 123 1113) ([3]https://ico.org.uk/).

Yours sincerely

Legal and Compliance Services
University of Warwick

References

Visible links
1. https://www.contractsfinder.service.gov....
2. https://warwick.ac.uk/services/legalandc...
3. https://ico.org.uk/