FOI 1652 - Contract Register

Response

Date: 6 September 2022

FREEDOM OF INFORMATION – DECISION NOTICE

Dear Sir / Madam,

FOI Reference Number: 1652

I would like to submit a request for some information from the organisation, in relation to their contract’s register.

The FULL contract register should display all the organisations existing/live contracts I would like the register to display the following columns/headings:

1. Contract Reference -Unique reference number associated with the contract.
2. Contract Title
3. Procurement Category –Please state the category name of the contract, I wish to know the category the contract is under.
4. Supplier Name
5. Spend (Total, Annual or contract value)
6. Contract’s Duration
7. Contract’s Extensions
8. Contract’s Start Date
9. Contract’s Expiry Date
10. Contract Description [Please provide me with as much detail as possible.]
11. Contact Owner (Person that manages the contract register)
12. CPV codes/Pro-Class

Can you also provide me with contact details of the person responsible for the actual contract’s register or someone responsible for API? [Name, Job Title, Telephone, Email Address] At the very least provide me with their actual job title.

Our response:

Please see attached extract from our contract register, with as much information as we hold in this format in response to the level of detail that you have requested.

With regards to your request for details of the colleague responsible for the register, individual contract managers are responsible for maintaining their own contract information. Currently a Senior Contract Administrator oversees the day to day maintenance of the register. Any queries with regards to the register may be sent to the ICB at ddicb.enquiries@nhs.net, from where they will be distributed as appropriate.

With regards to the information around spend, it is our opinion that contract value information is exempt from disclosure pursuant to section 43(2) of the Freedom of Information Act 2000. This section relates to information that is exempt from disclosure that could have a detrimental effect on the commercial interests of “…any person”. Derby and Derbyshire ICB consider that at this time the commercial interests of the ICB, third parties and overall the NHS could be detrimentally impacted upon.
As this section is a qualified exemption, we are obliged to apply the public interest test as below:

Public Interest Test:

The ICB recognise that the disclosure of information in relation to details of contract values would provide transparency in the use of public funds by the ICB and by the NHS in general. It would also assist the general populace with transparency in decision making by the ICB and their transactions with third parties.

Conversely to the factors demonstrated above in favour of disclosure, it is felt that the ICB, third party suppliers and the NHS in general could be disadvantaged should the information sought be made available. Suppliers compete with one another in a competitive environment and to provide data to this level of detail could allow the supplier to potentially be undercut by competing suppliers. This would lead to loss of confidence by suppliers and could cause significant harm to the ICB.

This disclosure could also adversely impact on any on-going or future procurement processes for the reasons outlined above. Any disclosure by the ICB could in future discourage the provision of commercially sensitive information necessary to respond properly to the ICB’s Invitation to Tender, and would be likely to affect and undermine the ICB’s bargaining position in any future procurement process or negotiations. Ultimately civil action could be taken against the ICB should information be disclosed that adversely affects the commercial interests of current and/or future suppliers.

As a result it is our opinion that this sufficiently demonstrates the prejudice which could be caused through disclosure.

Balance Test:

It is important to bear in mind that any disclosure under the FOI Act is a disclosure to the public at large and not just to the applicant. It is recognised that there is a general public interest in the ICB being open and transparent. However, it is not believed that this public interest is served in disclosure for damage that would be caused as outlined above.

I hope that this answers your queries with the information we currently hold, but if I can be of any further assistance please do not hesitate to contact me.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

NHS Derby and Derbyshire ICB
FOI Team
Scarsdale
Nightingale Close
Newbold
Chesterfield
S41 7PF

Or:

ddicb.foi@nhs.net

If you are not content with the outcome of our review, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Derby and Derbyshire Integrated Care Board (ICB).

The Information Commissioner can be contacted at: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, telephone 0303 123 1113, email casework@ico.org.uk.

Yours faithfully,

Kathryn Jacklin
FOI Officer
Derby and Derbyshire ICB

All information we have provided is subject to the provisions of the Re-use of Public Sector Information Regulations 2015. Accordingly, if the information has been made available for re-use under the Open Government Licence (OGL) a request to re-use is not required, but the licence conditions must be met. You must not re-use any previously unreleased information without having the consent from the ICB. Should you wish to re-use previously unreleased information then you must make your request in writing (email will suffice) to the FOI Lead via ddicb.foi@nhs.net. All requests for re-use will be responded to within 20 working days of receipt.