1. In reference to our recent, unsuccessful bid submission, for a Medicines Optimisation Service and Prescribing Support for Calderdale Member Practices, we would appreciate it if you could send us:
- A copy of the winning bidder’s entire submission including any supporting appendices.
We would be happy to have the information above provided in either email or paper copy, whichever will be the easiest for the CCG.
We are pleased to respond to your request for information.
In our letter of the 31 October 2017 we confirmed that we were reviewing your request under Section 43(2) of the Freedom of Information (FOI) Act 2017 which exempts information that’s disclosure would, or would be likely to, prejudice the commercial interests of any person (an individual, a company, the public authority itself or any other legal entity). Furthermore, that we required further time to consider the outcomes of the public interest test undertaken, in the context of the comments of the third party affected.
In completion of the public interest test, the CCG considered the arguments in favour of disclosure and those in favour of maintaining the section 43 exemption.
Arguments in favour of disclosure included that the CCG is committed to openness and transparency. Furthermore, the CCG is confident that a robust procurement process has been followed, as evidenced by the scoring already available in the public domain which demonstrate that the successful bid was of a significantly higher standard.
However, the CCG was concerned that the release of the requested information could have a negative impact on the third party’s ability to compete in a commercial environment as well as resulting in a competitive advantage to other potential bidders for this service in the future and with other organisations. The CCG was also concerned that the release of the requested information could undermine the third party’s competitive position, resulting in the potential erosion of competitiveness within that market overall, making it harder to achieve best value for the public. Lastly that release of commercially sensitive information would cause reputational damage to the CCG and the loss of prospective bidder confidence during future procurement exercises.
Taking the outcomes of the Public Interest Test and the feedback of the third party into account, the CCG has determined that the documents that have been requested contain commercially sensitive information and the exemption under Section 43 should be upheld.
However, the CCG is of the view that information that is not considered commercially sensitive should be released. Consequently, a process of redaction has been undertaken and the redacted versions of the requested documents are supplied for you with this letter.