Collaborative Content Management and Professional Buying Tools contracts: FOI release

FOI reference: FOI/17/01637
Date received: 12 July 2017
Date responded: 3 August 2017

Information requested

1. The contract documents and any subsequent amendments/extensions for the Collaborative Content Management and Professional Buying Tools (eSourcing) contracts.

2. Renewal timescales and advertising plans for both contracts.

Response

I enclose a copy of most of the information you requested.

The contract documents for Professional Buying Tools provided by Bravosolutions have been requested previously under FOISA. Please see the previous release on the Scottish Government website.

Due to the file size of the documents released, copies can be provided on request by emailing ceu@gov.scot, quoting the FOI reference number FOI/17/01637.

The documents sent for European Dynamics include the following:

• Collaborative Content Management – Contract Documents – Contract Solution – Redacted Final
• Collaborative Content Management – Contract Documents – Contract Solution – Clarification Questions – Redacted Final
• Collaborative Content Management – Contract Documents – Contract Solution – Supporting Documents – Redacted Final
• Collaborative Content Management – Contract Documents – Contract Solution – Contract Extension 2015/16 – Redacted Final
• Collaborative Content Management – Contract Documents – Contract Solution – Contract Extension 2016/18 – Redacted Final

While our aim is to provide information whenever possible, in this instance we have redacted some of the information you have requested because exemptions under sections s.33(1)(b) (Commercial Interests) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

The current Professional Buying Tools contract commenced on 30th September 2011 and will end on 29th September 2018. Collaborative Content Management commenced on 5th November 2011 and will end on 4th November 2018. At present, no final decisions have been made regarding the re-tender of either contracts.

Reasons for not providing information

An exemption applies.

An exemption(s) under section(s) s.38(1)(b)(Personal Information) of FOISA applies to some of the information you have requested. The exemption applies where information requested relates to Personal data as defined by section 1(1) of the Data Protection Act 1998. The invoice description data you have requested contains personal information which identifies the staff from BravoSolution and European Dynamics and other individuals. I have redacted any personal information contained within the bid, by either replacing with [Redacted] or by editing and blocking out the information.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption applies, subject to the public interest test.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of BravoSolution and European Dynamics. The bid contains commercially sensitive information such as:

• Staff Costs
• Daily rates
• Individually priced elements of the system
• Implementation processes
• IT Server information

Disclosing this information would be likely to give BravoSolution's and European Dynamics' competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial business. I have replaced any commercially sensitive information with [Redacted].

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have 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 a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for, or enter into, Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

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