Dear Scottish Water,

Under the Freedom of Information Act 2000, please provide me with a copy of the winning tenders for lot number 4 and 5 from the Recruitment Services Procurement (Reference: SW16/ACP/1069).

I understand that under the Act I am entitled to a response within 20 working days of your receipt of this request. Some parts of the request may be easier to answer than others. Should this be the case, I request that you release information as soon as possible.

If any of the documents requested contain any commercially sensitive information, or any other information that is permitted to be withheld under the FOI Act, kindly redact such information (and only such information) and release the remainder of the documents. If you do redact any information, please provide a redaction table listing the redactions and the reason for them. I reserve the right to appeal your decision to withhold any information or to charge excessive fees.

I would prefer to receive the information electronically.

If you require any clarification, I expect you to contact me under your section 16 duty to provide advice and assistance if you find any aspect of this FOI request problematic.
Please acknowledge receipt of this request, and I look forward to receiving the information in the near future.

Yours faithfully,

Joshua Nixon

FOI, Scottish Water

Dear Joshua Nixon,
 
Thank you for your e-mail of 7 August 2018 that I have logged under the
above reference number.
 
We have 20 working days to reply to your request and you are due a
response on or before the 4 September 2018.
 
We will endeavour to get a response to you as soon as we can.
 
If you have any queries regarding your FOI request please feel free to
contact me, quoting the above reference number, and I will be happy to
assist.
 
Yours faithfully,
 
 
Lidia Niemczuk-Greer
FOI Analyst
M:+44 (0)7501 471924
Scottish Water – Trusted to serve Scotland
 
 
 

Privileged/Confidential information may be contained in this Email and any
files transmitted with it. If you are not the intended recipient you
should not retain, copy or use this Email for any purpose or disclose all
or part of its contents to any person. If you have received this Email in
error please notify the sender immediately and delete this Email from your
system.

Opinions, conclusions and other information in this message that do not
relate to the official business of Scottish Water ("SW"), Scottish Water
Horizons Ltd ("SWH"),Scottish Water International Ltd ("SWI") or Scottish
Water Solutions 2 Ltd ("SWS2") shall be understood as neither given nor
endorsed by them. The contents of Emails sent and received by SW, SWH, SWI
and SWS2 are monitored.

WARNING: Although SW, SWH, SWI and SWS2 have taken reasonable precautions
to ensure no viruses or other malicious software are present, SW, SWH, SWI
and SWS2 cannot accept responsibility for any loss or damage arising from
the use of this Email or attachments however caused. The recipient should
therefore check this Email and any attachments for the presence of viruses
or other malicious software.

Scottish Water

[1]www.scottishwater.co.uk

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FOI, Scottish Water

Dear Mr Nixon,

 

The Scottish Water Freedom of Information Team have received a lot of
information back from the business in relation to your request and we are
currently reviewing this material and seeking further clarification on a
few key points to be able to supply you with a full response. As such, we
were not able to supply you with a response by the 20 working day
timescale initially set out, but we are endeavouring to get all of the
information you have requested and hope to be able to supply a response by
the 14^th September.

 

I hope that this is not too much of an inconvenience and I have included
my contact details below if you would like to discuss further.

 

Kind regards,

 

Lidia Niemczuk-Greer

FOI Analyst

M:+44 (0)7501 471924

Scottish Water – Trusted to serve Scotland

 

Privileged/Confidential information may be contained in this Email and any
files transmitted with it. If you are not the intended recipient you
should not retain, copy or use this Email for any purpose or disclose all
or part of its contents to any person. If you have received this Email in
error please notify the sender immediately and delete this Email from your
system.

Opinions, conclusions and other information in this message that do not
relate to the official business of Scottish Water ("SW"), Scottish Water
Horizons Ltd ("SWH"),Scottish Water International Ltd ("SWI") or Scottish
Water Solutions 2 Ltd ("SWS2") shall be understood as neither given nor
endorsed by them. The contents of Emails sent and received by SW, SWH, SWI
and SWS2 are monitored.

WARNING: Although SW, SWH, SWI and SWS2 have taken reasonable precautions
to ensure no viruses or other malicious software are present, SW, SWH, SWI
and SWS2 cannot accept responsibility for any loss or damage arising from
the use of this Email or attachments however caused. The recipient should
therefore check this Email and any attachments for the presence of viruses
or other malicious software.

Scottish Water

[1]www.scottishwater.co.uk

References

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Dear Scottish Water,

By Law you are required to respond to Freedom of Information Act requests within 20 working days. That time span ran out on August 27th. You then also said you would supply a response by 14th September, due to you receiving a lot of information back from the business in relation to my request.

Please can you provide me with the information I requested without further delay.

Yours sincerely,

Joshua Nixon

Freedom of Information, Scottish Water

Dear Sir / Madam,

Thanks for getting in touch with Scottish Water.
We have opened a new case CAS-471962-Q0C5R in response to your email and
assigned it our FOI.
Should you need to follow up on this case, please contact us with
reference CAS-471962-Q0C5R.
Thank you,

 FOI 
Scottish Water
Web - [1]www.scottishwater.co.uk

[2]twitter.com/scottish_water [3]Logo gap[4]facebook.com/scottishwater 

Scottish Water
Trusted to Serve Scotland

References

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2. https://twitter.com/scottish_water
4. http://www.facebook.com/scottishwater

FOI, Scottish Water

4 Attachments

Dear Mr Nixon,

 

Thank you for your request for information which we processed under the
Freedom of Information (Scotland) Act 2002 (FOISA).

 

Please accept Scottish Water’s apologies for the delay in responding to
your request for information (dated 7 August 2018).  This response was due
for reply on or before 7 September 2018 as Scottish Water have 20 working
days to respond to a request for information.  As previously advised, the
reason for the delay in compiling the response was due to an extensive
consultation process which took place with all of the tenderers whose
information had been requested.

 

As you have also contacted Scottish Water on 4 October 2018 expressing
your dissatisfaction at the delay in issuing a response to your original
request for information, we have for the purposes of FOISA, treated this
correspondence from you on 4 October as a request for review of your
request for information. 

 

This response is therefore Scottish Water’s review of the request for
information.  What this means in practice is that if you are not satisfied
with this response then you have a right to submit an appeal to the
Scottish Information Commissioner within six months of the date of this
email.  Further information can be obtained from the Commissioner's
website at www.itspublicknowledge.info and from Scottish Water's appeal
document attached to this email.

 

Your request for information was for the following:

 

Please provide me with a copy of the winning tenders for lot number 4 and
5 from the Recruitment Services Procurement (Reference: SW16/ACP/1069).

 

Please find attached documentation that you have requested. Due to the
data size of the information that is provided it has been necessary to
condense the data into a zip folder, to allow it to travel, so should you
experience any difficulties in accessing the information, please do not
hesitate to contact me. I also attach a table listing redactions that has
been made.

 

The winning tenders for lot 4 are Recruitment Zone and Parity
Professionals, winning tenders for lot 5 are Morson International and
Rullion Limited.

 

We do endeavour to provide information whenever possible.  However, in
this instance an exemption under section 33 of FOISA (Substantial
prejudice to commercial interests) applies to some of the information
requested.  In this instance the section 33(1)(b)) exemption has been
applied to the Cost element  figures in the Value delivery documents and
Costing methodology in Technical Service questionnaires and Pricing
Schedules and to other commercial information contained within the
documents as disclosure would, or would be likely to prejudice our
commercial interests, as well as those awarded the contract. Disclosure of
their Cost element, Costing methodology and Pricing schedules and other
commercial information could hinder the ability of these companies being
able to competitively tender for similar contracts in the future as well
as impact on Scottish Waters ability to obtain best value for its
customers in any commercial discussions at the lowest cost.

 

As the exemption is conditional we have applied the ‘public interest
test’.  This means we have, in all the circumstances of this case,
considered if the public interest in disclosing the information outweighs
the public interest in applying the exemption.  We have found that, on
balance, the public interest lies in favour of upholding the exemption. 
We recognise that there is some public interest in release, ensuring the
maximum openness in relation to public funds, but in this instance the
public interest in ensuring that we are able to obtain the best value for
public money and to allow tenderers to compete effectively in a
competitive market outweighs the general public interest in increasing
transparency of our processes.

 

Some of the correspondence (including contact details of employees) we
hold on this matter is personal data and exempt from disclosure under
Section 38 of the Freedom of information (Scotland) Act 2002 (FOISA),
Section 38(1)(b). It has been redacted.

It is my view that disclosing the personal data would contravene one or
more of the data protection principles in Article 5(1) of the General Data
Protection Regulation.

 

The first data protection principle states that personal data shall be
processed lawfully, fairly and in a transparent manner in relation to the
data subject.

Processing is lawful only if:

•             the data subject has given consent;

•             processing is necessary for the performance of a contract to
which the data subject is part;

•             processing is necessary for compliance with a legal
obligation to which the controller is subject;

•             processing is necessary in order to protect the vital
interests of the data subject or of another natural person;

•             processing is necessary for the performance of a task
carried out in the public interest or in the exercise of official
authority vested in the controller;

•             processing is necessary for the purposes of the legitimate
interests pursued by the controller or by a third party, except where such
interests are overridden by the interests or fundamental rights and
freedoms of the data subject which require protection of personal data.

I do not believe that any of those requirements are met.

 

Even if the processing was necessary to achieve a legitimate interest,
that is, in my opinion, overridden by the interests or fundamental rights
and freedoms of the data subjects.

Disclosure of the personal data is not necessary to answer your request
and there are no reasons to interfere with employees’ rights to expect
privacy. They do not expect their role to be subject to public scrutiny.
They have no public profile and we have a policy of only disclosing
information about senior members of staff - and then only if it would not
cause the employee harm or distress, for example by exposing them to
threats or reprisals.

The exemption is absolute, so it is not subject to the public interest
test.

 

Freedom of information provides you with a right to read the information
for your personal use only.  Please be aware that the disclosed
information will contain intellectual property rights belonging to third
parties.  Accordingly, if you want to re-use the information, you must
ensure that you have relevant permissions to do so from the owners of
intellectual property rights in the disclosed information, such as
copyright.

 

If you have any queries regarding your FOI request please feel free to
contact me and I will be happy to assist. You can do this by contacting
the following email address [1][email address]   

 

Yours faithfully,

 

Lidia Niemczuk-Greer

 

FOI Analyst

M:+44 (0)7501 471924

Scottish Water – Trusted to serve Scotland

 

The information disclosed to you is prepared for Scottish Water's internal
purposes only and in relation to Scottish Water's operational requirements
at the time of preparation of the disclosed information.  Scottish Water
accepts no responsibility or liability for any use of, or reliance upon,
the disclosed information, howsoever arising.  Scottish Water hereby gives
notice that the disclosed information, represents the opinion/ position/
forecast/ analysis/evaluations/projections/views/situation at a point in
time and the aforementioned
opinion/position/forecast/analysis/evaluations/projections/views/situation
may become outdated/inaccurate/incomplete within a short space of time
after the date of the disclosed information being compiled.  Apart from
compliance with intellectual property laws (dealt with below), any use of
the disclosed information is entirely at your own risk and no warranty is
given in relation to fitness for any particular purpose, accuracy or
completeness. 

 

FREEDOM OF INFORMATION GIVES YOU A RIGHT TO READ THE INFORMATION FOR YOUR
PERSONAL USE.  THE DISCLOSED INFORMATION MAY CONTAIN INTELLECTUAL PROPERTY
RIGHTS, SUCH AS COPYRIGHT.  ACCORDINGLY, IF YOU WANT TO RE-USE THE
INFORMATION, YOU SHOULD ENSURE THAT YOU HAVE RELEVANT PERMISSIONS TO DO SO
FROM THE OWNERS OF INTELLECTUAL PROPERTY RIGHTS.

 

 

Privileged/Confidential information may be contained in this Email and any
files transmitted with it. If you are not the intended recipient you
should not retain, copy or use this Email for any purpose or disclose all
or part of its contents to any person. If you have received this Email in
error please notify the sender immediately and delete this Email from your
system.

Opinions, conclusions and other information in this message that do not
relate to the official business of Scottish Water ("SW"), Scottish Water
Horizons Ltd ("SWH"),Scottish Water International Ltd ("SWI") or Scottish
Water Solutions 2 Ltd ("SWS2") shall be understood as neither given nor
endorsed by them. The contents of Emails sent and received by SW, SWH, SWI
and SWS2 are monitored.

WARNING: Although SW, SWH, SWI and SWS2 have taken reasonable precautions
to ensure no viruses or other malicious software are present, SW, SWH, SWI
and SWS2 cannot accept responsibility for any loss or damage arising from
the use of this Email or attachments however caused. The recipient should
therefore check this Email and any attachments for the presence of viruses
or other malicious software.

Scottish Water

[2]www.scottishwater.co.uk

References

Visible links
1. mailto:[email address]
2. http://www.scottishwater.co.uk/

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