Contract awarded to CreditNature for a biodiversity credit system: EIR release

Information requested

Full details of the contract awarded to CreditNature to develop a biodiversity credit system.

Response

I enclose a copy of some of the information you requested.

I enclose a copy of the contract awarded to CreditNature with some of the content redacted. 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 exceptions under regulation 11 [personal data], regulation 10 (5) (c) [intellectual property rights] and regulation 10 (5) (e) [confidentiality of commercial information] of the EIRs applies to that information. This type of pre-commercial contract is a research and development contract detailing plans to create a product to solve an open challenge. The contract is, in effect, a technical blueprint for the innovative product being developed, and is therefore commercially valuable IP. Commercial viability is a condition of contract funding and as such a detailed commercial and business development plan is also documented within this type of contract. This is why a substantial amount of the contract content has been redacted under the regulations noted above. The
detailed reasons why these exceptions apply are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Exceptions apply:

An exception under regulation 11 [personal data] of the EIRs applies to some of the information you have requested. This includes signatories to the contract and associated addresses. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception.

An exception under regulation 10 (5) (c) [intellectual property rights] of the EIRs applies to some of the information you have requested. CivTech Challenges are a “Pre-Commercial Procurement (PCP) route” for research and development (R&D) services. The process supports the development of an innovative new product or substantially “improved” product through a series of stages and differs to traditional procurement routes. The company developing the new product retains intellectual property rights. As part of the pre-commercial contract, the company developing the new product includes a technical project and development plan as part of the contract. This plan constitutes a blueprint for the innovative product being developed and is therefore commercially valuable IP. With such a blueprint it would be possible to ‘reverse engineer’ the product. The majority of this product development plan is therefore redacted as it contains detail of the IP. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the IP of companies proposing and developing new products to ensure innovative ideas are brought forward and their business development plans are not prejudiced.

An exception under regulation 10 (5) (e) [Confidentiality of commercial information] of the EIRs applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would likely to, prejudice substantially the confidentiality of commercial information provided by CreditNature and thus cause substantial harm to their commercial interests. Disclosing this information would likely give CreditNature’s competitors an advantage and so could significantly harm their commercial business plans. CivTech Challenges are a “Pre-Commercial Procurement (PCP) route” for research and development (R&D) services. The process supports the development of an innovative new product or substantially “improved” product through a series of stages and differs to traditional procurement routes. As part of the pre-commercial contract, the company developing the new product includes details of the commercial proposal and plan as part of the contract. All commercial information is therefore redacted. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However,
there is a greater public interest in protecting the commercial interests of companies which enter into this type of pre-commercial research and development contract, to ensure innovative ideas are brought forward and longer term commercial plans are evaluated yet not prejudiced.

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FOI 202400404984 - Information released - Attachment

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