Contract with Warmworks Scotland LLP: FOI release

FOI reference: FOI/17/02256
Date received: 4 October 2017
Date responded: 13 October 2017

Information requested

Can I have all the contract paperwork for the Warmworks contract.

Response

Enclosed is the information you requested in the format you asked for. You will find attached copies of all of the agreements and contracts Scottish Government has with Warmworks Scotland LLP. This includes a copy of the contract between Scottish Ministers and Warmworks Scotland LLP.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.33(1)(b) (commercial interests) and s.38(1)(b) (personal data relating to third party) of FOISA applies to that information. The reasons why these exemptions apply are explained at the bottom of this letter.

Title	Attachments
Annex A - Evaluation guide and awards criteria	1 attachment
Annex B - Notices and instructions to tenderers	1 attachment
Annex C - Model services contract	1 attachment
Annex D - Contract contents	1 attachment
Annex E - Contract schedule	11 attachment
Annex F - Pricing submission	1 attachment
Annex G - Form of tender	1 attachment
Annex H - Contract variation	12 attachments
Annex I - Tender clarifications	5 documents
Annex J - Warmworks tech response	22 documents

Due to the file size of the documents released, copies can be provided on request by emailing ceu@gov.scot, quoting the FOI reference number FOI/17/02256

Reasons for not providing information

The Scottish Government does not have the information

An exemption applies

An exemption under section s.38(1)(b) (personal data relating to third party) of FOISA applies to some of the information you have requested and the documents attached to the covering email have been redacted accordingly. Disclosing the personal data would contravene one or more of the data protection principles in the Data Protection Act.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption applies, subject to the public interest test

An exemption under section sections s.33(1)(b) (commercial interests) of FOISA applies to some of the information you have requested and the documents attached to the covering email have been redacted accordingly. Disclosure of this information, which includes sensitive pricing information that was provided during tendering processes and is still current, would (or would be likely to) prejudice substantially the commercial interests of the organisations in question.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because pricing information can help other organisations when bidding for contracts.

However, this is outweighed by the public interest in upholding the application of the exemption because the prices in the contracts and grant offer are still current and if released, would likely damage the commercial interests of Warmworks Scotland LLP and Energy Saving Trust LTD.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses