Request for information - Ref No: FOI18844
Thank you for your email of 31 July 2018, requesting information from Ordnance Survey in accordance with the Environmental Information Regulations (EIR) 2004, Freedom of Information Act (FOIA) 2000 and Clause 10 of the Contract for Goods and/or Services, as set out in the extract below:
Pursuant to the Environmental Information Regulations 2004, Freedom of Information Act 2000 and Clause 10 of the Contract for Goods and/or Services., COGENCY GLOBAL INC. hereby requests records all documentation (including all submissions, responses, scoring, communications and final contract documentation, etc.) concerning the RFQ from Ordnance Survey Ltd, titled OBLIQUE AERIAL IMAGERY OF MANCHESTER – REQUEST FOR QUOTATION (‘RFQ’).
We request that you provide us with accurate copies or a complete and accurate account of the information requested. Files in electronic format, if available, are preferred over hard copy. We agree to pay reasonable search and reproduction costs. However if these costs exceed USD$200.00 we request that you notify us before reproducing the documents.
We understand that we can expect a response to this request within five business days. If access to the records we seek will take longer, please contact us with information about the expected delivery time. If this request is denied in part or in whole, please provide us with each specific exemption you feel justifies this decision and notify us of the appeal procedures available.
This request for information has been dealt with under the Freedom of Information Act (FOIA) 2000. The Environmental Information Regulations (EIR) 2004 and Clause 10 of the Contract for Goods and/or Services are not applicable to this request.
I confirm that Ordnance Survey does hold the information you have requested relating to the RFQ for oblique imagery. Where the information is exempt from disclosure, this is stated.
The following information is available on Contracts Finder part of the gov.uk website:
1. Original awards notice
2. Awarded information
3. Oblique Imagery_Goods-Services Contract
4. Final Oblique Imagery RFQ
5. Oblique Imagery RFQ Clarifications Log
Copies of the following documents are available on request:
1. Pre submission clarifications
2. Post submission clarifications
3. Scoring Matrix
4. Final Contract Document
5. Aerowest tender response
6. Bluesky tender response
7. Bluesky pricing matrix
8. Cyient tender response
9. Cyient RFQ
10. Eagleview tender response
11. Eagleview RFQ
12. GeoXphere tender response
13. GeoXphere RFQ
14. Award email (Bluesky)
Ordnance Survey considers certain information, within the above documents, to be exempt from disclosure, therefore certain information has been redacted from the above documents.
We consider the following exemptions apply, Section 40(2) Personal Information and Section 43(2) (Prejudice to commercial interests, as explained in more detail below:
Section 40(2) Personal Information
Personal information in the form of employees names, job titles and contact details, other than those already in the public domain, are exempt from disclosure under section 40(2) (personal information) of the FOIA, as the information constitutes personal data.
Section 40(2) provides that personal data is exempt information if one of the conditions set out in section 40(3) is satisfied. In our view, disclosure of this information would breach the data protection principles contained in the General Data Protection Regulations and Data Protection Act 2018.
In reaching this decision, we have particularly considered:
- the reasonable expectations of the employees, Ordnance Survey considered that none of the individuals would have a reasonable expectation that their personal data would be disclosed;
- the consequences of disclosure; and
- any legitimate public interest in disclosure.
Section 40(2) is an absolute exemption and therefore not subject to the public interest test
Section 43(2) (Prejudice to commercial interests)
Information is exempt information if its disclosure would, or would be likely to, prejudice the commercial interest of any person, including the public authority.
Disclosure of financial information and pricing data would expose the pricing strategy of those bidders and prove advantageous to competitors when bidding for other opportunities. In relation to Ordnance Surveys commercial interests, disclosure of pricing information could harm our ability to negotiate in future procurement exercises with other organisations. Companies may lose confidence in Ordnance Survey, compromising Ordnance Surveys’ integrity and causing a detrimental impact on the reputation of Ordnance Survey.
In addition, the disclosure of the bidders research data, methodology and technologies and certain material that is the property of the bidders have not been disclosed. Disclosure of information which is core to OS and the bidders business and commercial performance would be likely to impact on the ability to operate commercially and competitively in the marketplace.
Section 43 (2) is a qualified exemption and we are required to consider the public interest.
Public interest test
Ordnance Survey recognises the need for transparency; however, this must be balanced against the public interest in allowing the Ordnance Survey and third parties to protect their commercial information, and not be placed at a disadvantage in the competitive market place in which we operate. Section 43(2) is a prejudice-based exemption, and there is a public interest inherent in avoiding the harm specified. In this case, Ordnance Survey considers that the prejudice would be likely to occur. Having considered the above, we are satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosure.
Please note the information supplied is protected by the Copyright, Designs and Patents Act 1988.
Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our Internal Review Officer by contacting them, within two months of receipt of our final response to your Freedom of Information (FOI) request, as follows:
Internal Review Officer
Customer Service Centre
Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:
- Failed to respond to your request within the time limits (normally 20 working days)
- Failed to tell you whether or not we hold the information
- Failed to provide the information you have requested
- Failed to explain the reasons for refusing a request
- Failed to correctly apply an exemption or exception
The Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.
The Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.
Appeal to Information Commissioner’s Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal, within three months of receiving our response, with the Information Commissioner’s Office.
Further information can be found on the ICO website (ico.org.uk) under ‘Report a concern’ or you may wish to call the ICO helpline on 0303 123 1113.