Tendering: successful bid ordered to be made public under FOI

The Scottish Information Commissioner has ordered Glasgow City Council to release details of the successful bid for its Street Outreach Service for the homeless. The bid, jointly made by the charities Glasgow Simon Community and Barnardo’s, must be released in full following the Commissioner’s refusal to accept that disclosure would damage the commercial interests of the bidders or reveal a trade secret.

The Commissioner found that much of the withheld information simply described the service to be offered, while any financial information was specific to the particular service in question and would therefore be unlikely to assist a competitor in any future tendering process. The Commissioner also refused to accept Glasgow City Council’s claim that the tender document constituted a trade secret. He found nothing unique or secret about the tender and noted that the manner in which the service was provided would be visible to anyone coming into contact with it.

CCPS believes that the decision has significant implications for the care sector as competitive tendering becomes increasingly widespread. It has asked the Information Commissioner to respond to a series of points – click on the document on the right for further details.



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