FOI-01366

##Request

I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.

IT Health Check Service:
https://www.contractsfinder.service.gov.uk/Notice/6b7f073b-70d8-4036-8acf-5481dbb75b52

The details we require are:
1. What are the contractual performance KPI's for this contract?
2. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages • Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date • Start date & duration of framework/contract?
3. Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?
4.Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
5. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
6Who is the senior officer (outside of procurement) responsible for this contract?

##Response

Question 1

Please refer to contract published in the Contracts Finder Notice. 

Question 2

•	Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages:
•	The information (detail which information) you requested is being withheld as it falls under the exemption in sections 43(2) of the Freedom of Information Act. Disclosure of bidders and whether they were successful would conflict with the Authority's procurement confidentiality obligations. Bidders are likely to regard their involvement in the procurement process as commercially sensitive and are informed that this is the case as part of the procurement process.
•	In applying this exemption, we have balanced the public interest in withholding the information against the public interest in disclosing the information. We have set out below the factors considered when deciding that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Factors for disclosure 	

•	The inherent public interest in openness and transparency of public authority dealings.

•	Ensure NHSBSA commercial activities are conducted in an open and honest way.

Factors for withholding

•	Detrimental effects on the commercial interests of the suppliers.
•	Detrimental effect on NHSBSA’s reputation as a contracting authority.
•	Detrimental effect on competitiveness of future procurement activities.
•	Damage to the relationship between the NHSBSA and the competitors bidding for the work.


Reasons why public interest favours withholding information

Disclosure of bidder information and the stages at which they were successful / unsuccessful after they have been assured that their information will be treated as commercially sensitive would have a detrimental to that process by damaging the relationship between the authority and the competitors bidding for the work. Thus damaging NHSBSA reputation and future procurement exercises.

Commercial information is at its most sensitive during the procurement process.
It is considered that the public accountability in releasing commercially sensitive information is outweighed by the potentially serious detrimental effect on the commercial interests of the suppliers and the impact on NHSBSA’s reputation to tender for work in the future.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/43 

•	The Start date & duration of framework/contract can be found in Contracts Finder Notice- Start date: 20 August 2021, End date: 19 August 2023

•	The spend on this contract is £173,969 ex. VAT 

Question 3

Please refer to contract published in the Contracts Finder Notice. 

Question 4

No, there are no extension clauses, as per the contract published in the Contracts Finder Notice.

Question 5

The service will be re-procured prior to the end date as there are no extensions available in this contract. No decisions have been made yet with regards to the scope of the procurement or the route to market.

Question 6

The NHSBSA Head of Cyber Security and Infrastructure Services. 

Please note that this request and our response is published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-01366 


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