Publication - FOI/EIR release

Fair Start Scotland Employability Support Services: FOI release

Published: 13 December 2017
Directorate: Scottish Procurement and Property Directorate
Part of: Public sector

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/02622
Date received: 2 November 2017
Date responded: 30 November 2017

Information requested

1. Please provide completed ESPDs (Scotland) documents for Pots 1, 2 and 3 of the Fair Start Scotland Employability Support Services procurement.

2. In relation to Minimum Performance Expectations to provide information on which tenderers would have been removed from the Fair Start Scotland procurement exercise if this second opportunity to provide the information had not been provided and which of these tenderers then went on to win in any of the respective lots of the Fair Start Scotland procurement exercise?

3. Please explain how the evaluation team was constituted, and what methodology was applied e.g. were different elements of each bid split between the evaluators, or did each evaluator score the whole of each bid?

4. Please release the evaluation and scoring guidance provided to the evaluation team during the procurement process.

5. Please advise if there were any changes to the evaluation and scoring guidance at any point during the procurement process – and if so, please provide full details.

6. If the evaluation methodology differed between the lots, please advise how it was different.

7. Please explain why certain tenders were excluded from the clarification stage of this procurement while other tenders were not. Please also explain the objective methodology used to determine which tenders should be clarified.

Response

The answer to your question 1 is:

In line with our clarification of 9th November 2017 in relation to this FOISA request and your response dated 10th November, I now attach all ESPD (Scotland) documentation in relation to your revised request.

An exemption under section 38(1)(a) of FOISA (personal information) applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to the Data Protection Act 1998 (DPA). 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 under section 38(1)(b) of FOISA (personal information) applies to some information which has been redacted from the enclosed ESPDs. This exemption applies because the information is considered personal data e.g. names/contact details of individuals and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.

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.

The answer to your question 2 is:

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested as your request is based on hypothetical scenario that was not tested during the procurement process.

You may find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on her website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

The answer to your question 3 is:

The procurement consisted of nine lots and in line with paragraphs 21.1 and 21.2 of the Information and and Instructions to Tenderers (published as part of the Invitation to Tender (ITT) on 9th March 2017), the technical element was evaluated independently of the commercial element of the bids. Once each evaluation panel member had independently evaluated each of the bids, the evaluation panel then attended a moderation meeting, facilitated and chaired by Scottish Procurement and Commercial Directorate.

Within each lot, the procurement lead evaluated the commercial aspect of each bid. There were four teams of three Fair Work Directorate representatives and these teams evaluated 1 - 3 lots each. These representatives evaluated all technical questions for all bids in the specific lot they were assigned to. The only exception to this was for the security question in each bid which was evaluated by the Scottish Government's security expert.

The answer to your question 4 is:

The following presentation was delivered to evaluaton panel members at a workshop on 18th May 2017.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some information which has been redacted from the enclosed presentation. This exemption applies because the information is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.

This is because releasing this information could lead to the identification of staff members.

The answer to your question 5 is:

There were no changes to the evaluation and scoring guidance as stated at paragraphs 20-23 of the Information and and Instructions to Tenderers (published as part of the ITT on 9th March 2017).

The answer to your question 6 is:

The evaluation and scoring guidance as stated at paragraphs 20-23 of the Information and and Instructions to Tenderers (published as part of the ITT on 9th March 2017) was used for all lots.

The answer to your question 7 is:

The clarification guidance stated at paragraphs 14 and 25 of the Instructions to Tenderers (published as part of the ITT on 9th March 2017) was used for all lots. The Scottish Government is not obligated to clarify all bids received. Where area(s) of potential clarification were highlighted as part of the evaluation process, the clarifications were only asked of the tenderer deemed to be the preferred bidder for each lot and where there was an intention to enter into contract with this supplier.

About FOI

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