FOI request (FOIR-380924242)

West Marina Land Disposal And Development - 18/10/2021

Requested Wed 24 November 2021
Responded  Tue 30 November 2021

CA Reference code: 2539405

I would be most grateful if you would provide, under the Freedom of Information Act (FOIA), details in respect to the contract below. This is to help facilitate market research into those companies that have not been successful in securing this public sector contract. Please would you also acknowledge receipt of this FOI request by replying to this email within the next three working days?

West Marina Land Disposal And Development.

Please provide the following:

a. The suppliers who applied for inclusion on each framework/contract and who were unsuccessful at the PQQ and ITT stages.

b. Duration of framework/contract.

Response

NOTICE OF REFUSAL

The information you have requested relating to unsuccessful suppliers relating to West Marina Land Disposal and Development is commercially sensitive and falls under Section 43 of the Freedom of Information Act - Commercially Sensitive Information.

Information prejudicing commercial interests - commercial interest relating to an organisation's commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.

Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a) accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a) ensuring that companies are able to compete for business fairly

b) damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

For the reasons given above we will not be communicating to you the information you have requested.

In relation to the duration of the framework/contract this is 36 months.