Thanks for your email. The Local Government Act Schedule 12 has been amended (as of 1st March 2006) so that now there are only five/six reasons to withold information contained in reports and committee papers. Most of these are subject to the public interest test. Commercial interests is one of them.
In considering the public interest in dislcosing scores I suggest you look at ICO decisions on
Section 43 . Please see my podcasts for the latest decisions as well as the following articles:
FOI, Contracts and Commercial Confidentiality - click here
Commercial Information: ICO Decisions - click here
I work for a local authority and we assess tender returns against pre defined set criteria for each tender (e.g. ratio weighted against price /quality / experience of similar work or project size, partnering / capacity / added value / etc). At the end of the tender assessment there is a sheet which totals the scores achieved for all tenders that were submitted.
This scores sheet is either attached or the details included in the report to Chief Officers or Council Executive (depending on the value) when consent to agree the tender is sought. (We do not include / publishing the full tenders returns or individual price of a component of any of those tenders).
There are some in this authority that feel that 'scores' should make the report to the Executive exempt from publication under the Local Government Act.
The alternative view is that this is public money and it is in the public interest for them to know how choose one particular contractor over others that had show interest.
For certain contracts which come under EU Procurement rules the European Court of Justice Judgement Alcatel judgment in reality means contractors are automatically told certain information on the how their tender scored against winning tenders anyway.
What is your view on this please?
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