Request for information - Ref No: FOI20954
Thank you for your email of 14 April 2020 requesting information from Ordnance Survey in accordance with the Freedom of Information Act (FOIA) 2000, as set out in the extract below:
"I want to submit a request for some information from the organisation, in relation to their contract’s register.
The contract register should display all the organisations existing/live contracts I would like the register to display the following columns/headings:
1. Contract Reference
2. Contract Title
3. Procurement Category
4. Supplier Name
5. Spend (Total or Annual)
6. Contract Duration
7. Contract Extensions
8. Contract Starting Date
9. Expiration Date
10. Contract Description [Please provide me with as much detail as possible.]
11. Contact Owner (Full contact details if possible.)
12. CPV codes/ProClass
1. For those organisation planning to make an exemption around spend, the spend information I have requested is an overall figure and I am not requesting a complete breakdown of services relating to the spend.
2. If the organisation has a CRM system or a similar system there should be a facility to download and extract contract data.
3. You may forward me a Weblink to a portal to download the contract register, please make sure all of the organisation’s contracts are provided as doing prior research I have found that most organisations have only uploaded a small portion of all of their contracts.
Please do not think that this is the only information I require if you could provide me with more information that would be great.
Contract Data/API Contact Details
13. 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. (Meaning of API “a set of functions and procedures that allow the creation of applications which access the features or data of an operating system, application, or other service.”)
Please provide me with the contract’s register file in an excel format.”
I confirm that Ordnance Survey (OS) does hold some of the information you have requested.
Please find attached a copy of our procurement contracts register (.xlxs) in the format you requested. Where the information is not held or exempt from disclosure, this is explained below:
Exempt information under section 43(2) (Prejudice to commercial interests)
We have several contracts which are not on OS’ standard terms and conditions or the CCS Framework. After consultation with a representative sample of suppliers we consider the total value, contract effective and expiry date, for contracts which are on suppliers terms, to be exempt from disclosure under section 43(2) (Prejudice to commercial interests) of the FOIA 2000, as explained further below:
We consider disclosure of the above information would be likely to prejudice the commercial interests of OS and of a third party(s). This information would prove advantageous for competitors when bidding on future opportunities and would impair the third party(s) ability to compete successfully and could harm OS’ ability to negotiate in future procurement exercises. Companies may lose confidence in OS, compromising OS’ integrity and causing a detrimental impact on the reputation of OS.
Section 43 (2) is a qualified exemption and we are required to consider the public interest.
Public Interest Test
OS recognises the need for transparency; however, this must be balanced against the public interest in allowing OS 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, OS 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.
Exempt information under Section 12(1) of the FOIA
In order to locate, retrieve extract and compile this information we would need to review each contract for the relevant information, which in addition to the time spent collating the information provided, we estimate would take in excess of the applicable time limit of 18 hours. We are therefore entitled to refuse to comply with this part of your request pursuant to section 12(1) of the FOIA (where the authority estimates that the cost of complying with the request would exceed the appropriate limit, which is set at £450 (18 hours).
Exempt information under section 40(2) (personal information)
I confirm OS holds the full contact details of the contract owner(s) requested above but this information is exempt from disclosure under section 40(2) (personal information) of the FOI Act, as the information constitutes personal data which is not already in the public domain.
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; given their positions, OS 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.
However, under the duty to provide information and assistance in accordance with section 16 of FOIA, we can provide the following information which may assist you in this matter.
You can find out information in relation to our procurement process on the procurement pages of our website, more specifically in our Guide for Suppliers, which contains a contact form for our Strategic Procurement and Supplier Management team.
Information not held
I confirm we do not hold this information.
Contract Data/API Contact Details:
I confirm we do not hold an API. Please see the response to question 11 above for contact details of the Contracts Database owner where you can submit an enquiry via the contact form on our website.
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.