FOI-02562

##Request

I would like to make an FOI request for information relating to the following contract award: 

https://www.contractsfinder.service.gov.uk/Notice/a7bb9568-99e4-46cf-b936-a9f2ecb017fd 

Procurement ID Notice: a7bb9568-99e4-46cf-b936-a9f2ecb017fd_award

Please can you provide a breakdown of the items included in this contract?

In terms of the deliverable, could you provide this information in a CSV/Excel file answering the following categories per column:
1.	Product Name
2.	Supplier Name
3.	Product Brand
4.	EAN number
5.	SKU number (where applicable)
6.	Manufacturer name
7.	Part Number
8.	Requested Quantity
9.	Unit of Measure
10.	Reference Price (ex-VAT)

If any of this request is outside the scope of the FOIA, please answer what you can and advise and assist on the best way to uncover the remainder of the information.

##Response

I can confirm that the NHSBSA holds the information you have requested, and a copy of the information is attached.

Please can you provide a breakdown of the items included in this contract?

There is a vast array of products available within the contract for Office Supplies. The products available are in a catalogue from the supplier Banner Group Limited. The contract was procured under the CCS RM6299 Office Solutions framework. The full breakdown of items under the framework can be found through contacting Crown Commercial Services via their website:
https://www.crowncommercial.gov.uk/agreements/RM6299

Attached is a list of most commonly purchased products from the framework and subsequent call off contract and the estimated annual volumes.

Question 1 – Product Name

Please see attached spreadsheet

Question 2 – Supplier Name

Banner Group Limited

Question 3 - Product Brand

There are several potential brands for a number of different products

Question 4 – EAN number

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority.

You can contact CCS for the rates through their email address info@crowncommercial.gov.uk. It will be at the discretion of CCS to release the framework rates as CCS state the rates are commercially sensitive and are sent password protected. 

Question 5- SKU number (where applicable)

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority.

You can contact CCS for the rates through their email address info@crowncommercial.gov.uk. It will be at the discretion of CCS to release the framework rates as CCS state the rates are commercially sensitive and are sent password protected. 

Question 6 – SKU number

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority.

You can contact CCS for the rates through their email address info@crowncommercial.gov.uk. It will be at the discretion of CCS to release the framework rates as CCS state the rates are commercially sensitive and are sent password protected. 

Question 7 – Part Number

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority.

You can contact CCS for the rates through their email address info@crowncommercial.gov.uk. It will be at the discretion of CCS to release the framework rates as CCS state the rates are commercially sensitive and are sent password protected. 

Question 8 – Requested Quantity

Please see attached spreadsheet

Question 9 – Unit of Measure

Please see attached spreadsheet

Question 10 - Reference Price (ex-VAT)

We have considered this request under the Freedom of Information Act 2000, and we are issuing a refusal notice under section 17 of the FOIA.  
 
The NHSBSA does hold the requested information, but this information is exempt under section 43(2) of the FOIA as releasing the information would adversely affect the commercial interests of the NHSBSA and/or Crown Commercial Services as well as the Banner Group.
 
Section 43(2) is a prejudice based, qualified exemption and is subject to the public interest test. This means that for the information to be withheld, the public interest in maintaining the exemption must outweigh the exemption in disclosure. 
  
Public Interest Test: 

Considerations in favour of disclosure: 

•	The inherent public interest in the openness and transparency of public authority dealings. 

•	The public interest that officials are spending money wisely and getting the best value for money. 
 
Considerations against disclosure: 
 
•	Disclosing information which allows the current suppliers unit price to be calculated may reduce the competitive nature and innovation in pricing when services are put out to retender as it could identify the price that the NHSBSA is willing to pay for services. This may cause future more economically efficient providers to raise their prices in line with that previously paid by the NHSBSA. This would be likely to prejudice the NHSBSA’s ability to obtain best quality of service and value for money when retendering. It is considered that paying more for services would not be in the public interest. 

•	Disclosing the requested information could weaken the NHSBSA’s future position as potential suppliers would not have the confidence that the NHSBSA would keep sensitive financial information private and may discourage future suppliers from bidding; this would not be in the public interest. 

•	The NHSBSA believe that disclosing the requested information may decrease the effectiveness of any future competitive tender as it may prejudice the NHSBSA’s ability to obtain best quality of service and value. 

•	Disclosure of unit cost could prejudice other public authorities' ability to access the same services

Conclusion: 
 
The NHSBSA recognises that there is a public interest in the disclosure of information which facilitates openness, transparency, and accountability in public authority dealings; however, there is an inherent public interest in the NHSBSA being able to work in competitive markets, whereby the financial and reputational benefit is put to the wider public interest.  
 
Having undertaken the balancing exercise, the NHSBSA concludes that the public interest in maintaining the exemption outweighs the public interest in disclosure. 
 
Please see the following link to view the section 43(2) exemption in full - Freedom of Information Act 2000 (legislation.gov.uk) 
 
Publishing this response

Please note that this information will be published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-02562

Your personal details will be removed from the published response.

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025” Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.




Tags: Commercial, NHS Procurement
Organization: Freedom of Information Disclosure Log