Electronic Document and Records Management (EDRM) Contract

FOI request reference: F0061480
Publication date: March 2020

Request

I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.

Electronic Document and Records Management (EDRM) Contract.

The details we require are:

1. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages
2. Actual contract values of each framework/contract (& any sub lots)
3. Start date & duration of framework
4. Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
5. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
6. Who is the senior officer (outside of procurement) responsible for this contract?

Outcome

Partially Successful

Response

1. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages

This information is covered by the exemption at section 43 (2) of the FOI Act.

2. Actual contract values of each framework/contract (& any sub lots)

Procurement information is available on the Gov.uk Contracts Finder website at the following links:

https://www.contractsfinder.service.gov.uk/Notice/f678bacb-48bf-4e5c-b572-c9ae5f5f5a5f?p=1

https://www.contractsfinder.service.gov.uk/Notice/679512df-7bc4-4836-af68-dffe4633a812?p=1

3. Start date & duration of framework

Procurement information is available on the Gov.uk Contracts Finder website at the following links:

https://www.contractsfinder.service.gov.uk/Notice/f678bacb-48bf-4e5c-b572-c9ae5f5f5a5f?p=1

https://www.contractsfinder.service.gov.uk/Notice/679512df-7bc4-4836-af68-dffe4633a812?p=1

4. Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?

Yes.  Two extension periods of 1 year each.

5. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?

Yes.

6. Who is the senior officer (outside of procurement) responsible for this contract?

We are unable to provide you with this information because it would identify a junior member of staff and as such is exempt from release under section 40(2) of the FOI Act. However, at The National Archives we apply the general principle that members of staff at Head of Department level and above are sufficiently senior for their names and/or job titles to already be in the public domain and are therefore not exempt from release.

The Head of IT Operations at The National Archives is Julian Muller.
The National Archives’ full contact options can be found on our website here:  http://apps.nationalarchives.gov.uk/contact/

EXPLANATORY ANNEX

Exemptions applied

Section 43(2) – Commercial Interests
This section exempts information whose disclosure would be likely to prejudice the commercial interests of any person. In this case, the exemption applies because it would be likely to harm or prejudice the commercial interests of our current and potential future suppliers.

Section 43(2) is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and must be release. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.

Considerations in favour of the release of the information included The National Archives’ commitment to openness and transparency in its commercial activities, to allow public scrutiny and to demonstrate that public funds are being used in an efficient and effective way. Furthermore private sector companies engaging in commercial activities with the public sector must expect some information about those activities to be disclosed.

Considerations against disclosure included the recognition that disclosure is likely to provide information to direct competitors within the market that would create an imbalance and a commercial advantage to those competitors. Furthermore disclosure of this information is also likely to affect The National Archives’ ability to negotiate contracts in the future and consequently generate revenue from non-public funds. It is also considered that disclosure would be likely to deter potential bidders for future contracts from competing and sharing commercially sensitive information with us. This would outweigh any benefits of release. It was therefore decided that the balance of the public interest lies clearly in favour of withholding the material on this occasion

Further guidance can be found at:

https://ico.org.uk/media/for-organisations/documents/1178/commercial-interests-section-43-foia-guidance.pdf

Section 40(2): Personal Information where the applicant is not the data subject 
Data Protection Legislation prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress.

In this case the exemption applies because this information represents the personal information of a junior member of staff at The National Archives.

Publishing the names and contact details of junior members of staff is considered an unfair use of personal data. Junior members of staff would have no expectation that information about their positions would be made available in the public domain; to do so would be unfair and contravene Art. 5 of the General Data Protection Regulation. As such, the names, positions and contact details of junior officials are withheld under section 40 (2) of the FOI Act.

Further guidance can be found at:
http://ico.org.uk/for_organisations/guidance_index/~/media/documents/library/Freedom_of_Information/Detailed_specialist_guides/personal-information-section-40-and-regulation-13-foia-and-eir-guidance.pdf