Silver Bear Ltd

The request was successful.

Following on from the two annual requests for companies receiving over £50k plus from the PHSO, I see that Silver Bear has another £50k plus contract for developing a stakeholder database.

https://www.whatdotheyknow.com/request/c...

( Silver Bear : 9/11/2011- 9/11/2014 )

And yet previously the PHSO didn't seem to have any stakeholders on its database files.

https://www.whatdotheyknow.com/request/p...

:::

I see that Silver Bear comes up again on the £50k plus contractor's list again:

https://www.whatdotheyknow.com/request/c...

.....Still working with on the PHSO's 'Stakeholder data base'.

1. How was this company chosen to provide a £100k plus data base?
( Contract file information)

2. Could you please tell me exactly what the development and of this data base entailed?

( What the £50k plus was spent on?)

3. And why it is still costing over £50k a year to work on a specific PHSO stakeholder data base?

(what is the public receiving for its money?)

Yours faithfully,

[Name Removed]

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

PROTECT

Dear Ms [first name redacted] Oakley

 

Thank you for your email of 5 January 2015 in which you asked the
following queries in relation to a contract between the Parliamentary and
Health Service Ombudsman (PHSO) and Silverbear Ltd:

 

 1. How was this company chosen to provide a £100k plus data base?
(Contract file information)
 2. Could you please tell me exactly what the development and of this data
base entailed? (What the £50k plus was spent on?)
 3. And why it is still costing over £50k a year to work on a specific
PHSO stakeholder data base? (What is the public receiving for its
money?)

 

I have attached some information that we hold which responds to questions
1 and 2 of your email.  Please note, however, that some information is
provisionally exempt from disclosure as its release is likely to prejudice
the commercial interests of Silverbear, other companies invited to tender
and the PHSO itself in accordance with section 43 of the Freedom of
Information Act 2000 (FOIA).  This information relates only to the pricing
structure of all companies invited to tender, our evaluations of those
tenders and the methodology that Silverbear used to deliver on the tender
request.

 

Section 43 of the FOIA is subject to a public interest test when
considering if this information should be released.  I recognise the
significant public interest in the scrutiny of how public money is spent,
however I require additional time to fully consider any other factors that
may influence my decision to disclose or not disclose this information. 
The FOIA states that this must be concluded within a reasonable time under
section 10 (3) (b) – I expect this consideration to be completed within 20
working days, at which point I will advise whether the public interest
favours disclosure.

 

Turning now to your third question, I can confirm that we do not hold any
recorded information about it.  This is because there are no longer any
costs associated with this contract, which will be reflected in the future
publication of PHSO resource accounts.

 

I hope you find this information helpful.  If you have any further queries
or would like to ask for a review of my decision you can write to me at
[1][email address].

 

Sincerely

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [2][email address]

W: [3]www.ombudsman.org.uk

 

 

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

Dear foiofficer,

Thank you.

I will await your reply with interest and I sure you will be robust in researching the finer points of the request in the next 20 days.

..... Since the amount spent on the contract - and the reasons for it- would surely be in the paying public's interest.

Yours sincerely,

[Name Removed]

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

Dear foiofficer,

The response is delayed . By law the authority should have responded promptly by February 2, 2015.

Yours sincerely,

[Name Removed]

foiofficer, Parliamentary and Health Service Ombudsman

Thank you for your e-mail to the Parliamentary and Health Service
Ombudsman. This return e-mail shows that we have received your
correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

D. Speers left an annotation ()

Thank you JT Oakley! Appreciate your knowledge and time.

Dear foiofficer

Could I now ask whether the PHSO intends to reply to this request?

Yours sincerely,

[Name Removed]

foiofficer@ombudsman.org.uk, Parliamentary and Health Service Ombudsman

--------------------------------
[Insert your auto response here]

show quoted sections

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

Dear Ms [first name redacted] Oakley

 

I write further to my email of 2 February 2015 in which I advised that 3
documents subject to your information request engaged section 43 of the
Freedom of Information Act 2000 (FOIA). 

 

In that email I noted that I was taking further time to consider the
public interest factors favouring disclosure and whether these outweighed
the public interest arguments for maintaining the exemption.  I have now
had time to consider these factors.

 

In determining if the documents should be disclosed in the public
interest, I considered the following factors:

 

Factors favouring disclosure:

 

1.       There is a public interest in the scrutiny of how public money is
spent.  This interest extends to ensuring a public authority purchasing
goods or services gets value for money, as well as ensuring transparency
of our contracting process so the public can see that contracts are
awarded in fair competition.

 

2.       Increased competition may result from the release of this
information as the release may help to improve future bids.

 

Factors favouring maintaining the exemption:

 

3.       There is a public interest in ensuring that companies are able to
compete fairly.  There is also a public interest in ensuring that there is
competition for public sector contracts.  Companies may be discouraged
from accepting invitations to tender if they feel doing so would result in
the disclosure of information relating to their general business.

 

4.       I have also considered the timing of the contract.  While I
recognise that the sensitivity relating to a contract will diminish over
time, following consultation with Silverbear I have determined that their
pricing structure and methodology has not changed substantially enough to
remove all sensitivity.

 

Summing up these factors, I have determined that there is little to be
gained by disclosure in terms of further scrutiny of how public money is
being spent, as some of this information has already been released (as a
total amount) in the resource accounts of the PHSO.  In addition, I
recognise that there is a strong expectation that companies should be able
to contract with public authorities in a way that does not affect their
future ability to tender for contracts in a competitive market (including
with public authorities). 

 

Attached is the information relating to the tender, evaluation, and
contract with Silverbear. This is being provided so you can see how the
tender process was run and the decision was reached. 

 

However, I have determined that the public interest in the release of some
of the information is outweighed by the public interest in ensuring that
Silverbear (and each of the other companies) is able to compete fairly. 
It is this factor alone which stands out as most important, and as such
the principle most requiring protection.  Therefore some of the
information contained the documents should not be released in accordance
with section 43 of the FOIA.  Please also note that a small amount of
material has been withheld in accordance with section 40(2) of the FOIA as
it contains information that is personal to another individual.

 

Should you have any queries, or would like to ask for a review of my
decision you can write to me at [1][email address].

 

Regards

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [2][email address]

W: [3]www.ombudsman.org.uk

 

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

Dear foiofficer,

Thank you for the most comprehensive procurement documents.

However, the request asks what the £100 plus was spent on... so this would include implementation of the project and any files on the progress of the contract - to its ending.

Did any problems arise for instance? And how were they solved?

Presumably there was monitoring of the implementation of the contract after the signed agreement ?

I would also like to know the total paid to Silver Bear from 2011 to date, in that the initial cost of the contract was estimated at £50k.

Is every payment to Silver Bear recorded in the resource accounts?

If so,where might I read the resource accounts?

Yours sincerely,

[Name Removed]

foiofficer@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

[Name Removed] (Account suspended) left an annotation ()

The PHSO contract statement:

Are PHSO a registered charity or NfP organisation?

We are not registered as a charity, as we are a public sector rather than a not for profit organisation. We are independent from Government but accountable to Parliament. We receive our funding directly from the Treasury.

:::::

Contract criteria:

Access rights must be configurable in-house across SD031
roles, groups and users.

Facility to restrict certain fields in specific records to
certain users.

An example of this is for Government
ministers’ mobile numbers to be restricted to the SD032
Ombudsman and their private office.
The database must have a backup facility

foiofficer, Parliamentary and Health Service Ombudsman

1 Attachment

Dear Ms [first name redacted] Oakley

 

Thank you for your email of 26 February 2015 in which you asked for
additional information regarding the Parliamentary and Health Service
Ombudsman (PHSO) contract with Silverbear Ltd.

 

I have responded to each of your queries in kind below.

 

‘What the £100 plus was spent on... so this would include implementation
of the project and any files on the progress of the contract - to its
ending.’

 

As part of your previous request (FDN-211299) I provided you with all
information relating to the implementation of this contract.  This
included details regarding the pricing structure of the contract where it
was not considered sensitive commercial information to Silverbear Ltd.
Information was withheld where it was considered commercially sensitive
and the relevant exemption applied. That being the case, we have
previously provided you with the information we hold where an exemption
does not apply.   I do not consider that the circumstances required to
reconsider this part of your request have changed significantly enough to
reconsider my decision.  As such, this part of your request will not be
considered in accordance with section 14 (2) of the Freedom of Information
Act 2000 (FOIA) (repeat requests).

 

‘Did any problems arise for instance? And how were they solved?’

 

There is no information held on this subject (section 1, FOIA).

 

‘Presumably there was monitoring of the implementation of the contract
after the signed agreement?’

 

The information that we hold about monitoring was included in the
documents released as part of your previous request (FDN-211299).  There
are no additional documents that are included by the terms of your new
request.

‘I would also like to know the total paid to Silver Bear from 2011 to
date, in that the initial cost of the contract was estimated at £50k.’

 

Please find this information attached.  Please note however that some of
the information contains details on the description of the purpose of the
payment, to the extent that its disclosure would reveal the pricing
structure of Silverbear Ltd.  As such, that part of the information is
provisionally exempt from disclosure under section 43 of the FOIA.  The
public interest considerations applied to the section 43 exemption in
FDN-211299 apply in equal measure here.

 

‘Is every payment to Silver Bear recorded in the resource accounts?’

 

Every payment is accounted for in the resource accounts.  This does not
mean that Silverbear is mentioned in the resource accounts, but each
payment made to them is contained in the overarching accounts reported. 
For example, payments made to Silverbear Ltd. is included under
Information & Communications Technology in section 9 – Other
Administration Costs.

 

‘If so, where might I read the resource accounts?’

 

The relevant resource accounts can be found at
[1]http://www.ombudsman.org.uk/__data/asset....

 

All information regarding the contract between PHSO and Silverbear Ltd.
has now been considered for release as part of your two requests.  If you
have any further queries, or would like to ask for a review of my decision
you can write to me at [2][email address].

 

Regards

 

David Thomas

FOI/Data Protection Officer

Parliamentary and Health Service Ombudsman

E: [3][email address]

W: [4]www.ombudsman.org.uk

 

 

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. http://www.ombudsman.org.uk/__data/asset...
2. mailto:[email address]
3. mailto:[email address]
4. http://www.ombudsman.org.uk/
http://www.ombudsman.org.uk/

Dear foiofficer,

Thank you

Yours sincerely,

[Name Removed]

foiofficer@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Fiona Watts left an annotation ()

Dear J.T Oakley,

Thank you for this FOI request.

When you have the opportunity, could you reclarify for those reading this website what services were sought from Silver Bear Ltd?

The impression I am given from the The Ombudsman's posts and published speeches is that the PHSO already had all the required "in- house" skills in PR, investigation and IT?

[Name Removed] (Account suspended) left an annotation ()

It's always puzzled me Fiona.

I originally made the request to run it up against the ICO's stakeholder involvement - In which I was interested Just as a comparison, as the two organisations are similar.

It was how PA's operate using stakeholders that I was interested in, since the government seemed hellbent on making everything a business. And Dame Julie Mellor has a business background.

The PHSO was stated that it didn't have a stakeholder list.. But internal documents were showing that it did indeed have designated stakeholders, with a senior officer stating so.

So I became interested a to why the PHSO was seemingly making contradictory statements about its relationship with stakeholders, who existed - but we're apparently not categorised by list.

Therefore I wanted to know why would it take over £50k to provide the list as a bright techno-savvy 10 year old could make one easily. Therefore there must have been some their reason to spend so much money.

However, having been 'vexed' and described as ' obsessive ' for making too many requests by the PHSO, ( sensibly overturned by the court) and now being described as 'frivolous' by the ICO for asking if the PHSO can use my personal data when I have specifically instructed it to refrain from doing so,I do not feel that am not in a position to chase requests that do not have a direct public interest determination.

If I do, I may have even more insulting adjectives applied to my name via requests by the PHSO and ICO.

Although I must admit, I'm quite taken with frivolous - and have added it to my Twitter name.

So if you would like to make your own requests on the back of any of mine, please do so.

CA Purkis left an annotation ()

Dear Frivilous One. I am beyond baffled (I'm thinking of adding Baffled to my own Twitter account as it rhymes nicely) as to how this organisation is run and the various services that have been procured for it by The Fine Lady. It's like she's a spoilt child who's been given the latest toy gadget and she is aimlessly buying all the accessories for it, when she should just be playing with it. The money being squandered on top heavy management and unnecessary services are tragic for the public. There is no focus on the medical side of the organisation nor on the hands on work of the caseworkers. My strong suggestion is that they get a military person to turn this into a stalwart. At the very least they would understand the need for "boots on the ground" and diplomacy. They would also understand that battles are not won by defending, but rather by engaging.
On another note, I wonder if Rosemary, DJM's friend had to go through that arduous tender procedure. Lucky her to get that nice big contract (for what again?). Some might say it quite a coincidence that she came in below everyone else. Not me of course! I think it was all fair and square - after all that's what DJM and her organisation are all about! Fairness. Est-ce pas?

Dear Parliamentary and Health Service Ombudsman,

Could you please tell me exactiy where Silver Bear is mentioned by name in the resource accounts that you have provided a link to, as the request is specific:

It boils down to .....

How much did the PHSO pay Silver Bear? And what for?

I am NOT asking for the company's inclusion in a any generalised accounting category.

Yours faithfully,

[Name Removed]

foiofficer@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

[Name Removed] (Account suspended) left an annotation ()

This previous request stated that the PHSO was to pay £50k plus for a 'Stakeholder Database'.

https://www.whatdotheyknow.com/request/1...

The PHSO has answered this request by providing the initial Silver Bear contract and not a list of what the money was spent on post contract,

It is my understanding that contracts often overrun simply because organisations require add- ons. And I am told that government bodies are particularly prone to adding-on.

So I am hoping that the PHSO will now tell me exactiy what the money was spent on and not just giving me a total cost, jumbled in with other external company costs.

CA Purkis left an annotation ()

Hope springs eternal. Just not with PHSO...

D. Speers left an annotation ()

Hope definately springs eternal CA and truth is demanding a hearing!

[Name Removed] (Account suspended) left an annotation ()

So who are the stakeholders who Silver bear might be including on their stakeholder list?

Businesses have different types of internal and external stakeholders, with different interests and priorities. Sometimes these interests can conflict.

What are stakeholders?

A stakeholder is anyone with an interest in a business. Stakeholders are individuals, groups or organisations that are affected by the activity of the business.

They include:
Owners who are interested in how much profit the business makes.
Managers who are concerned about their salary.
Workers who want to earn high wages and keep their jobs.
Customers who want the business to produce quality products at reasonable prices.
Suppliers who want the business to continue to buy their products.
Lenders who want to be repaid on time and in full.
The community which has a stake in the business as employers of local people. Business activity also affects the local environment. For example, noisy night-time deliveries or a smelly factory would be unpopular with local residents.
Internal stakeholders are groups within a business - eg owners and workers. External stakeholders are groups outside a business - eg the community.

http://www.bbc.co.uk/schools/gcsebitesiz...

foiofficer, Parliamentary and Health Service Ombudsman

2 Attachments

PROTECT

Dear [Name Removed] [Name Removed]

 

Your information request – our reference: FDN 220304

 

I am writing in response to your Freedom of Information request dated 11
April 2015 in which you asked:

 

“Could you please tell me exactly where Silver Bear is mentioned by name
in the resource accounts that you have provided  a link to, as the request
is specific:

It boils down to .....

How much did the PHSO pay Silver Bear?  And what for?

I am NOT asking for the company's inclusion in a any generalised
accounting category”.

 

On 26 March 2015 in our response to your information request (our case
reference: FDN 216169) we explained payments to Silverbear Ltd is
accounted for in our 2012-2013 Resource Accounts, however we also
explained that the company is not named in the report as payments are
included under Information Information & Communications Technology in
section 9 – Other Administration Costs (page 94). Please click on the link
to access the report:
[1]www.ombudsman.org.uk/__data/assets/pdf_file/0012/21621/FINAL_PHSO_Resource_Accounts_2012-13.pdf.

 

On 26 March 2015 we also provided you the amounts paid to Silverbear Ltd;
I attach a copy of our response and the information released for ease of
reference. Our response can also be found on the ‘whatdotheyknow’ website
at: [2]www.whatdotheyknow.com/request/silver_bear_ltd. At that same link,
we have also provided you with as much detail as we were able from the
contract and tender documents to show what specific services Silver Bear
provided. We do not hold any other costs for this contract.

 

I hope my email is helpful.

 

Yours sincerely

 

 

 

Sohifa Kadir

FOI/DP Officer

Parliamentary and Health Service Ombudsman

 

 

show quoted sections

All email communications with PHSO pass through the Government Secure
Intranet, and may be automatically logged, monitored and/or recorded for
legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve
the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK
Government quality mark initiative for information security products and
services. For more information about this please visit www.cctmark.gov.uk

References

Visible links
1. http://www.ombudsman.org.uk/__data/asset...
2. http://www.whatdotheyknow.com/request/si...

Dear foiofficer,

Thank you for the added information.

But the explanation is in tiny writing....so it's almost unreadable.

Would it be possible to send it in a larger text?

Thanks.

Yours sincerely,

[Name Removed]

foiofficer@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

[Name Removed] (Account suspended) left an annotation ()

The Financial Ombudsman uses its stakeholder database thus:

http://www.financial-ombudsman.org.uk/pu...

Perhaps the £70 was to match the PHSO's understanding of its 'customers'.

foiofficer, Parliamentary and Health Service Ombudsman

Dear [Name Removed]

Your information request – our reference: FDN 220304

Thank you for your email.

I have sent a copy of my response to your personal email address, please let me know if you have any further problems with the text size.

Kind regards

Sohifa Kadir
FOI/DP Officer
Parliamentary and Health Service Ombudsman

show quoted sections

Dear foiofficer,

Thank you and I appreciate the thought this time - due to the text size.

But this information is for public consumption - being an Foi request.

And the PHSO FOIA department has specifically been asked NOT to assume that you have the right email address - by using any of my old data on your files.

Once again, please do not ever send WDTK responses to any email address of your choice by using my old data - without asking if I am still using that address - at that address.

Clearly if there is no response, the address may no longer be used.

Yours sincerely,

[Name Removed]

foiofficer@ombudsman.org.uk, Parliamentary and Health Service Ombudsman


Thank you for your e-mail to the Parliamentary and Health Service Ombudsman. This return e-mail shows that we have received your correspondence.

show quoted sections

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk