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Our Ref: FOI10016

 

Dear Mr Smith,

 

Freedom of Information: Right to know request

 

Thank you for your email of 13 February 2023, in which you asked for
details in respect to the Occupational Health Services [1]contract.

 

We have processed your request in line with the provisions of the Freedom
of Information Act 2000 (FOIA) and our response is set out below. We have
numbered each question for ease of reference.

 

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

 

Please see attached ‘Statement of Requirements’ document.

2. Suppliers who applied for inclusion on each contract and were
successful & not successful at the PQQ & ITT stages.

We can provide the name of the successful supplier only which is Health
Management Limited.

 

We hold the rest of the information you requested but we are unable to
provide details of the unsuccessful bidders as we are exempted from the
duty to disclose it under section 43 of FOIA, as we are of the view that
such disclosure would, or would be likely to, prejudice the commercial
interests of the firm/s in question, and those of the FCA. Therefore,
section 43 (Commercial interests) applies.

 

For more details on why this exemption applies please see Annex A.

 

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

We hold the information you requested but we are exempted from the duty to
disclose it under section 43 of FOIA, as we are of the view that such
disclosure would, or would be likely to, prejudice the commercial
interests of the firm/s in question, and those of the FCA. Therefore,
section 43 (Commercial interests) applies.

 

For more details on why this exemption applies please see Annex A.

 

Notwithstanding the above, we are able to provide you with an indicative
range of spend which is between 500k - £1M.

 

4. Start date & duration of framework/contract?

We anticipate this will be 01/07/2020 - 30/06/2023 (3 years)

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

Please see attached ‘Statement of Requirements’ document.

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

Yes. 24 months.

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

 

While a pre-market engagement sourcing process is underway, no decision
has yet been made as to the future of this agreement at this stage.

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

 

Mike Conway, Employee Relations and & Wellbeing Manager.

 

Your right to complain under the FOI Act

 

If you are dissatisfied with this response, you have the right to request
an internal review. To do so, please contact us within 40 working days of
the date of this response at [2][email address].

 

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner by phone or on
their website at:

Telephone: 0303 123 1113

Website: [3]www.ico.org.uk

 

Yours sincerely

 

Information Disclosure Team

 

12 Endeavour Square

London

E20 1JN

 

 

 

Annex A

 

·            Section 43 (Commercial Interests)

 

This section of FOIA states that we are exempt from providing this
information if disclosing it would, or would be likely to, prejudice the
commercial interests of any person, including the public authority that
holds the information.

 

As this exemption is subject to the public interest test, we have
considered relevant factors in favour, and against, disclosing information
as required by FOIA.

For disclosure:

 

·       Disclosure of the information would increase public awareness and
understanding of the relationship which exists between the FCA and its
selected suppliers.

 

·       It could also provide an insight on how successful tenders are
selected.

 

Against disclosure:

 

•     The commercial interests of the unsuccessful bidders are likely to
be harmed by disclosing their details and that may affect the supplier’s
ability to negotiate with other potential future customers.

•     Disclosing details of unsuccessful bidders may discourage firms to
submit their bids on future contracts and may impact on their reputation
and economic interest if, on a number of occasions, they have failed to
secure contracts.

 

•     Disclosure of actual spend on the contract with Health Management
Limited would harm the commercial interests of the supplier because other
potential customers will gain an understanding of what level of pricing
Health Management Limited was prepared to offer the FCA. 

 

•     Disclosure of both the unsuccessful bidders and actual spend of the
successful supplier could also damage the FCA’s commercial interests as
some suppliers may be unwilling to deal with the FCA for fear that their
commercial information may be made public. In the long term, this could
reduce competition for any tender that the FCA put out, and this could
result in the FCA paying increased amounts for the services it receives
from suppliers.

 

On this occasion, and for these reasons, we have concluded that the
balance of the public interest is in favour of not disclosing the
information.

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

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