FOI request (FOIR-356154551)

Tender Winners' Social Value Submission Data

Requested Fri 13 August 2021
Responded Fri 08 October 2021

I would like to request any information you have available in written or electronic format in data spreadsheet or Word/text document, regarding procurement and/or tender results decided by the authority, relating to the Social Value (Public Services) Act 2012.

For each completed procurement exercise or tender where a Social Value component has formed part of the award criteria:

a. Name of organisation winning the tender or contract.

b. The winning organisation's social value created as a monetary amount, provided as part of their final submission or offer.

c. The winning organisation's social value investment amount, or input cost monetary amount, submitted as part of their final submission or offer.

d. Value of the tender or contract.

e. Duration of the tender or contract.

f. The name of the Social Value framework (if any) utilised by the winning tender for valuations of social value created.

I would like to request the information you should have recorded above, for the latest 'year end' you have available.

I am compiling statistical research about social value used in tenders and procurement, to be able to complete a national benchmarking analysis, which can then be fed back to the authority.

Response

NOTICE OF REFUSAL

The information you have requested regarding tender results 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) 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.