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Provision of ISO 27001 Gap Analysis, Implementation and Readiness Support tender

Date released
17 August 2022
Request number

202206012

Release of information under
Freedom of Information Act 2000 (FOIA)

Information requested

I am writing to you under the Freedom of Information Act 2000 to request the following information:

  1. Copy of successful tender.
  2. Final pricing of successful bidder.
  3. Expiry date of the awarded contract.
  4. Approximate date that the tender will be reissued towards the end of the current contract period.
  5. How many bidders submitted responses?
  6. Name of all bidders who submitted responses.
  7. Rank of all bidders who submitted responses

This is in relation to the Provision of ISO 27001 Gap Analysis, Implementation and Readiness Support tender.

Information released

We confirm that under Section 1 of the FOIA, we hold the information in scope of part your request. We have identified four documents as within the scope of the first part of your request. We are releasing the copy of the successful tender by AvISO, named “AvISO - Schedule B - Tender Submission Form – ONR T783“ (referred to as Schedule B) with redactions as set out below. This redacted document is attached to our response. We are also withholding three documents, namely Appendixes A, B and C for the reasons as set out below.

Section 40 FOIA – Personal information

We have removed some information from the attached Schedule B as it is personal data. This consists of names, job titles and contact details. We have also withheld Appendix A in its entirety as it contains the professional curriculum vitaes (CVs) of AvISO employees. Release of each type of information could identify the individual either directly or indirectly. The personal data has been withheld using the exemption Section 40(2) of the FOIA.

Release of the information would breach principle (a) of GDPR (lawfulness, fairness and transparency) on the grounds that there is no lawful basis to process this data. In addition, releasing this personal data would also breach principle (b) of GDPR (purpose limitation) as the data was provided for the purposes of the specific tender bid submission.

Exemptions applied

s.40, s.43

PIT (Public Interest Test) if applicable

Qualified exemptions

In our previous response to you dated 19 July 2022, we set out that we were considering the public interest test to some of the information identified in scope of the request in relation to the following exemption of the FOIA.

Section 43(2) exempts information whose 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).

As these are qualified exemptions, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below.

Factors for disclosure

  • ONR is committed to being an open and transparent regulator. We will use openness and transparency to achieve our objective of developing and maintaining stakeholder trust in ONR as an effective independent regulator.
  • The public have a vested interest in issues related to the nuclear industry, and in facilitating accountability and transparency in how ONR as an independent nuclear regulator awards its public procurement contracts on support services.
  • Greater transparency about the tendering process and the negotiation of public sector contracts may encourage more companies to take part in the process and help them improve their bids. This will increase competition and help other public authorities get better value for money.

Factors against disclosure

  • Appendix B consists of case study examples for contracts of a similar size, value and nature, held either currently or within the past 3 years providing relevant details to bid specific questions. Disclosing the information provided by the supplier in relation to third parties would result in reputational damage to and loss of customer confidence in the supplier. This could potentially result in loss of trading elationships and thus prejudice the supplier’s commercial interests by distorting the competitive market.
  • Disclosing information about the supplier’s contracts with third party client organisations, business contacts, and contract values would prejudice the supplier’s commercial interests as this information could be used by competitors to obtain an advantage in any future bids. This would in turn have the effect of distorting competition in this specialist market which would not be in the public interest.
  • Responses within Schedule B and Appendix C to bid-specific questions provide details of the successful supplier’s proposed approach and high-level plan including, indicative durations, scheduling and key milestones of all activities of the gap analysis, implementation and readiness phases. Sharing information on the successful supplier’s approach and ­­timescales plan would prejudice their commercial interests as this could inform any potential competitors and lessen the supplier’s competitive advantage in future procurement exercises. This would in turn have the effect of distorting competition in this specialist market which would not be in the public interest. 
  • Publication of the information may prejudice the ONR’s future procurement tenders by discouraging potential suppliers from submitting bids, or potentially reducing the quality of the details submitted in future bids.

Conclusion

There is a strong public interest in protecting the commercial interests of individual companies and organisations, and ensuring they are able to compete in the market fairly. Publication of the information contained in Schedule B, Appendix B and Appendix C relating to third party contracts and the successful supplier’s own approach and timescales plan may prejudice the supplier’s existing and possible future commercial arrangements. In addition, releasing the information could inhibit ONR’s own commercial interests in future public procurement tenders. As a result, it is in the public interest to withhold the information.

Overall conclusion

We are therefore releasing a redacted version of Schedule B under Sections 40 and 43(2) FOIA. We are withholding Appendix A in its entirety under Section 40 FOIA and are also withholding Appendixes B and C in their entirety under Section 43(2) FOIA.

Please note that in relation to the remaining parts 2 to 7 of your request, see attached Annex A dated 19 July 2022.