FOI 0754-2024/25 Contract Register
Request
Q1. Contract Register Request:
I am seeking the full and entirety of the organisation's contract register or database. The register should include the following columns/headings or something similar:
- Contract Title: The title of the contract, e.g., "IT Services Contract".
- Supplier Name: The name of the organisation providing the goods or services.
- Estimated Spend (Total or Annual): [Radio Button] Whether the estimated spend is for the entire contract period or annually.
- Contract Duration: The initial term of the contract in months.
- Total Contract Period: The total duration of the contract, including any potential extensions.
- Contract Extensions: The number of months for any potential extensions.
- Contract Start Date: The date the contract officially begins.
- Contract Expiry Date: The date the initial contract period ends.
- Contract Review Date: The date on which the contract should be reviewed for renewal or extension.
- Contract Description: A detailed description of the contract, this could include the purpose, scope, and key terms and conditions.
- Contact Owner: The name, job title, main contact number, and email address of the individual responsible for the contract.
- Contract Notes: Any additional relevant information, such as specific terms and conditions, risk assessments, or performance metrics.
- Department: The department within your organisation that the contract is associated with.
- Contract Award Date: The date the contract was awarded.
- Participating Organisations: Other organisations involved in the procurement process.
- Procurement Category: The category of the procurement, e.g., IT, Facilities, or Professional Services. [I will send you a list of categories]
- Framework Reference: The reference number of procurement framework
- Central Purchasing Body: The organisation responsible for the overall procurement.
- Tender Reference: The reference number of the tender notice.
- CPV Codes/Pro-Class/eClass: Standard classification codes used to categorise public procurement. [Radio Button] On select they should be able to select the classes.
If any of the headings within your contract register has not been provided, please state this within your response.
Please provide the contract's register file in Excel format.
Q2. Procurement Strategy Document Request:
- Can the organisation provide a full version of their Procurement Strategy for the fiscal year 2024- 2025?
- If the Procurement Strategy is a strategic direction (2022-2025) instead of an annual plan, please provide an update document for 2023-2024. If an update cannot be provided, please provide information on when an update is planned to be published.
We require the full document. If any parts of this document have been removed, please state this within your response.
Q3. Contact Details Request:
- Provide contact details of the person responsible for API or data sharing, including [Name, Job Title, Telephone, Email Address].
- Provide contact details of the person responsible for the actual contract's register, including [Name, Job Title, Telephone, Email Address].
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police.
I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the following information to you.
Q1. I am exempting this information pursuant to Section 21 of the Freedom of Information Act 2000 (the Act) on the basis that it is available to the applicant by other means. Please refer to the below link to our website:
Procurement | North Yorkshire Police
From the above link you will see that “The In-tend Procurement Hub is an online information hub aimed at improving visibility and access to contract and procurement information for buyers within the Emergency Services in the United Kingdom. In compliance with the Freedom of Information Act, the Sell2UK website acts as a search facility enabling anyone to search and find a list of awarded contracts for each member authority.”
By following the Sell2UK link above a Freedom of Information applicant can search details of all awarded contracts published by North Yorkshire Police, which can then be exported into Excel format.
Please see the below exemption explanation.
Q2. Our Procurement Strategy is currently in the process of being drafted/approved, following the delayed implementation of the new Procurement Act. I am therefore exempting disclosure of this document pursuant to Section 22 of the Act on the basis that it is intended for future publication on the North Yorkshire Police website. Please see the below exemption explanation.
Q3.
- No information held.
- Procurement Team: [email protected]. I am exempting the specific name of individuals pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 21 – Information Reasonably Accessible by Other Means
Section 21 is an absolute class based exemption and I am not required to consider the harm or public interest when applying this exemption.
Section 22 – Information Intended for Future Publication
Section 22 is a qualified exemption and as such is subject to a public interest test. This means that North Yorkshire Police have identified the exemption and have considered whether the public interest in not disclosing the information outweighed the public interest test in disclosing the information.
Although there is a public interest in knowing the details of FOI requests as this leads to greater transparency, Section 22 allows for circumstances when it is reasonable and correct for public authorities to delay the provision of information until it is made generally available through publication.
Section 40 – Personal Information
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.