Terms of reference for the contract with Delivery Associates: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

Information on the terms of reference for the Scottish Government's contract with Delivery Associates.

What policy areas have Delivery Associates been contracted to work on?

On 25 August 2024 I contacted you to request further clarification. Thank you for responding and confirming that you were “interested in any contract that the Scottish Government has signed with Delivery Associates Ltd, and the scope of the work that is covered by any contract, should one exist”.

Response

Regarding your request ‘what policy areas have Delivery Associates been contracted to work on’, please see below list:

  • Director General Strategy & External Affairs (DGSEA) – Strategy & Delivery Directorate
  • Director General Education & Justice (DGEJ) – Directorate for Children & Families

With regard to your request for information on the scope of the work covered by any Delivery Associates’ contract, I have attached the below documents:

  • Document 1: DGEJ Contract Award Letter (partially redacted)
  • Document 2: DGSEA Specification (partially redacted)
  • Document 3: DGSEA email correspondence on the objectives of Delivery Associates contract (partially 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 an exemption(s) under section 33(1)(b) (commercial interests) of FOISA applies to that information. The reasons why that exemption applies are explained in the Annex to this letter.

Annex: Reasons for not providing information

An exemption applies

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Delivery Associates. Disclosing this information would be likely to give Delivery Associates’ competitors an advantage in future similar tendering exercises, which would substantially prejudice Delivery Associates’ ability to submit competitive tenders and so could significantly harm their commercial business.

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 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 Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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