Cloud Based Case Management System procurement
Request
I would be grateful if the Council could provide the following information under the Freedom of Information Act in relation to the recent Cloud Based Case Management System procurement - ITT Ref:23-001:
- How many valid submissions did the Commission receive in response to the Cloud Based Case Management System ITT ?
- Please provide the names of the bidders who made valid submissions.
- Please provide the total score for each bidder.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested information in relation to the recent Cloud Based Case Management System procurement - ITTRef:23-001, specifically:
- How many valid submissions did the Commission receive in response to the Cloud Based Case Management System ITT?
- Please provide the names of the bidders who made valid submissions.
- Please provide the total score for each bidder
I can confirm that there was a total of 11 bids which were deemed to be valid in response to the Cloud Based Case Management System.
The Commission does hold further information falling within the scope of your request, however, we consider that information identifying individual companies and the Commissions assessment of their bid to be of a commercially sensitive nature.
This level of detail is not otherwise in the public domain. Therefore, we are of the view that this information is exempt under section 43 of the FOIA.
Section 43
Section 43(2) of the FOIA provides that information is exempt information if its disclosure under the FOIA would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
In this case, disclosure of the information would be likely to, prejudice or harm the commercial interests of the bidders who participated in the tendering process for the Cloud Based Case Management System. This is because revealing the scoring of each bidder without any relevant context could damage their business reputation or the confidence that customers, suppliers or investors may have in them. Further to this, disclosure of this level of detail could have a detrimental impact on each bidders commercial revenue or threaten its ability to obtain supplies or secure finance. Ultimately weakening their position in a competitive environment by revealing market sensitive information.
The Public Interest Test
Having acknowledged that some of the information within the scope of your request is exempt from disclosure, section 43 FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request opposed to maintaining the exemption.
Public interest arguments in favour of disclosure
The Commission recognises that the release of such information would facilitate transparency and demonstrates the use of, and accountability of resources, therefore, enabling the public to have an increased understanding of the Commission, which in turn would generate confidence in the integrity of the procedures involved in decision making.
Public interest arguments in favour of maintaining the exemption
The Commission believes that there is a strong public interest in ensuring they are able to conduct procurement exercises effectively and in a fair environment. Further to this, that there is a level playing field for all parties and that there is fair competition for public sector purchases and contracts. This in turn has an effect on the products/services available and ultimately the execution of statutory objectives of the Commission.
Disclosure would make it less likely that companies or individuals would enter into the competitive bidding process in the future and consequently undermine the ability of the Commission to fulfil its role.
The Information Commissioner’s guidance explains that, in a commercial environment, the timing of the disclosure will be of critical importance. The application of any exemption has to be considered in the circumstances that exist at the time the request is made, and circumstances will change over time, and through this passage of time information generally becomes less commercially sensitive. In this instance, given the recency of this tendering process, the Commission believes that disclosure of this information at this time would prejudice the commercial interests of the Commission and potential suppliers.
Weighing the Balance of public interest arguments
The Gambling Commission has considered all the relevant factors in the public interest test and has reached the conclusion that the release of the information requested would be likely to be prejudicial to the commercial interests of those who submitted valid bids in response to the tender for the Cloud Based Case Management System ITT.
The release could jeopardise the future position of those involved in the tendering process, which would cause a detrimental “knock-on” effect on the market place, and would potentially limit the choices available to public authorities, including the Commission. This would potentially threaten the quality of products and services available.
The Commission considers that it is not in the public interest to do anything to undermine the competitive nature of the procurement process, and the disclosure of key information, as has been requested, could have that affect.
Therefore, in conclusion, the Commission has reached the decision that the public interest in withholding the information is greater than the public interest in releasing the information, and as such the information is being withheld under section 43 of the Freedom of Information Act.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP