Publication - FOI/EIR release

Media Planning, Buying and Associated Service framework agreement: FOI release

Published: 20 January 2025
Directorate: Scottish Procurement and Property Directorate
Topic: Business, industry and innovation, Public sector
FOI reference: FOI/202400442658
Date received: 26 November 2024
Date responded: 18 December 2024

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

Information requested

I write in request to the following framework agreement: Media Planning, Buying and Associated Service as described here: https://www.gov.scot/publications/procurement-media-planning-buying-andassociated-services-20234-to-20278/

Dates of contract: Lot 1: 1 Jul 2024 – 30 Jun 2028 Lot 2: 2 Oct 2023 - 1 Oct 2027

Given the value of the framework, I believe this to be in the public interest under the Freedom of Information Act (Scotland) 2002.

I’d like to request the FOI versions of the winning tenders for Lot 1 and Lot 2 of this framework agreement: Media Planning, Buying and Associated Services (UK and Overseas), which was awarded to 5 winning tenders below:

Republic of Media Ltd

Carat

MediaCom Edinburgh

Spiritmedia

The Media Shop Scotland

With Scottish Government procurements requiring FOI versions from tenders.

I’d appreciate if I could receive these within the deadlines.

Response

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

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 33(1)(b) Substantial Prejudice to Commercial Interests and 38(1)(b) Third Party Personal Data of FOISA applies to that information.

Exemption 33(1)(b) 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 in order to have transparent tendering processes. On the other hand, if commercially sensitive information is made public, it is likely to damage the commercial interests of the company whose information is released. This, in turn, could mean that the Scottish Government may be unable to generate genuine and effective competitive tendering processes, and that, in our view, would not be in the public interest.

Exemption 38(1)(b) Third Party Personal Data 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.

About FOI

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