FOI release

Supply of security seals

Published 28 October 2024

Thank you for your email of 20 September 2024 asking for information under the Freedom of Information Act (FOIA) 2000. You asked:

I am writing to you under the Freedom of Information Act 2000 to request the following information:

1. Copy of successful tender.
2. Final pricing of successful bidder.
3. Expiry date of the awarded contract.
4. Approximate date that the tender will be reissued towards the end of the current contract period.
5. How many bidders submitted responses?
6. Name of all bidders who submitted responses.
7. Rank of all bidders who submitted responses I would prefer to receive the information electronically.

Following a clarification request sent to you on 25 September 2024, you responded on 11 October 2024 and confirmed the tender title to be:

• Agreement for the supply of security seals
• Ref: GB010828-2024
• Date published: 03/04/2024
• Awarded to: Universeal (UK) Ltd

I am writing to confirm that we have now completed the search for the information which you requested. 

I can confirm that FCDO Services does hold information relevant to your request, as set out below.

1. Your request for a copy of the successful proposal falls under the exemption in section 43(2) of the FOIA. Disclosure of this information would significantly weaken the successful suppliers’ competitive advantage, causing harm to their commercial interests. See below for further information.
2. The final pricing and value of the contract is included in the notice. Therefore, this information is exempt under section 21 of the FOIA, as we are not required to provide information in response to a request if it is already reasonably accessible to you. The information you have asked for is already published on GOV.UK at the following link: https://www.find-tender.service.gov.uk/Notice/010828-2024.
3. This information is exempt under section 21 of the FOIA, as we are not required to provide information in response to a request if it is already reasonably accessible to you. The information you have asked for is already published on GOV.UK at the following link: https://www.contractsfinder.service.gov.uk/notice/d9746bf7-5090-4b25-b9e2-eb9ebd2bbd77?origin=SearchResults&p=1.
4. The tender will be reissued in Jan 2029.
5. This information is exempt under section 21 of the FOIA, as we are not required to provide information in response to a request if it is already reasonably accessible to you. The information you have asked for is already published on GOV.UK at the following link: https://www.find-tender.service.gov.uk/Notice/010828-2024.
6. This information is exempt under section 43(2) of the FOIA, as tenders have been submitted confidentially as part of a tender process. See below for further information.
7. This information is exempt under section 43(2) of the FOIA, as tenders have been submitted confidentially as part of a tender process. Disclosure of this information would significantly weaken the competitive advantage of those that submitted tenders, thus causing harm to their commercial interests. See below for further information.

Section 43 

Section 43(2) of FOIA exempts from disclosure information, which would be likely to prejudice the commercial interests of any person. It is a prejudice-based exemption, so the test for exemption is whether the individual’s commercial interests would be prejudiced by disclosure and it is subject to balancing the public interest. It is recognised that there is a general public interest in the disclosure of commercial information to ensure, for example: transparency in the accountability of public funds; proper scrutiny of government action; and the effective use of public money. However, where disclosure would make it less likely that companies or individuals would provide the department with information in the future or where disclosure would make it more difficult for individuals to be able to conduct commercial transactions, or have future dealings with public bodies, without fear of suffering commercially as a result, these are factors that may weigh in favour of non-disclosure.  

We considered the commercial interests of third parties and the benefit to the public for the release of this information. We also considered the impact that this may also have on our future business relationships. In considering this case and the details required, we consider that the public interest in favour of disclosing such information is outweighed by the obligation to protect the commercial interests of third parties. We have therefore taken the decision to withhold the information.

Once an FOI request is answered, it is considered to be in the public domain.  To promote transparency, FCDO Services may now publish the response and any material released on GOV.UK in the FOI releases section.  All personal information in the letter will be removed before publishing.

The copies of information being supplied to you continue to be protected by the Copyright, Designs and Patents Act 1988.  You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.  Any other re-use, for example commercial publication, would require the permission of the copyright holder.  Most documents supplied by the FCDO will have been produced by government officials and will be protected by Crown Copyright.  To re-use Crown Copyright documents please consult the Open Government Licence v3 on the National Archives website.

Information you receive which is not subject to Crown Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non-Crown Copyright) information.

If you would like to request a review of our decision, you should write to the Data Protection Officer (DPO), Knowledge and Information Management (KIM) Team, FCDO Services, Hanslope Park, Milton Keynes, England, MK19 7BH (e-mail: [email protected]).  Please note you have 40 working days to do so from the date of this letter. Please quote the reference number above in any future communications.

If you are not content with the outcome of your complaint, you may then apply directly to the Information Commissioner for a decision.  Generally, the Information Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by the FCDO. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, or online at: https://ico.org.uk/make-a-complaint/

Yours sincerely,

FOI Officer

Knowledge and Information Management (KIM) Team

FCDO Services