FOI request (FOIR-395752978)

FOI - Order Form Unit4

Requested Mon 24 January 2022
Responded  Wed 08 March 2023

I would like to make the request relating to the award notice below:

https://www.contractsfinder.service.gov.uk/Notice/e2c9d621-e75d-4ada-b8d1-9ec2dfe18415

Could you please provide me with a copy of the order form for the contract award? I am aware some parts may need to be redacted due to commercial reasons, and this is completely fine. I am more interested in the specifications, for example, the buyer and supplier's responsibilities, any alternative clauses, specific amendments, and so on.

Response

Hastings Borough Council profusely apologises for the delay in responding to your Freedom of Information request.

Unfortunately, all of the documentation associated with the order has been specifically marked as 'Commercial-in-Confidence' by the vendor.

We aim to be transparent and explored other ways that we could perhaps deliver you the information but did not have any success, therefore your request is being refused.

We are changing our procedures to ensure that future requests do not take longer than necessary to respond to and apologise once again.

NOTICE OF REFUSAL

The information you have requested 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 organisations 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) documents are clearly marked 'commercial in confidence'

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

c) 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.