IOM Government Tender - ConnectMann - Internet Connectivity -

Summary

A request was made for all bid responses regarding the ConnectMann Internet Connectivity Lot 2 tender, but the Communications Commission refused to disclose any information citing commercial interests and security concerns.

Key Facts

• The request concerned tender responses for IOMG Tender ConnectMann - Internet Connectivity Lot 2 (Ref: CABO.626).
• The Communications Commission withheld all information under Section 30(2)(b) of the Freedom of Information Act 2015.
• Disclosure was deemed likely to prejudice commercial interests and threaten government network security.
• A subsequent tender process similar in nature was still in progress at the time of the response.
• The Commission concluded that factors favoring withholding outweighed those favoring disclosure.

Data Disclosed

• 1224182
• 2020-03-10
• 2020-04-21
• CABO.626
• Section 30(2)(b)
• Freedom of Information Act 2015

Exemptions Cited

• Section 30(2)(b) - Prejudice to commercial interests

Original Request

Hello, I am writting to obtain infromation surrounding a tender responses to the IOMG Tender ConnectMann - Internet Connectivity Lot 2 (Ref Ref: CABO.626). I would like to have a copy off all bid responses for ConnectMann - Internet Connectivity Lot 2 (Ref Ref: CABO.626). Kind Regards Joe

Data Tables (1)

Full Response Text

Chief Executive: Ivan Kiely Ground Floor, Murray House, Mount Havelock, Douglas Isle Of Man, IM1 2SF Tel: +44(0)1624 677022 Fax: +44(0)1624 626499

Our ref: 1224182 21 April 2020

Dear ###

We write further to your request which was received on 10 March 2020 and which states:

"Hello, I am writting to obtain infromation surrounding a tender responses to the IOMG Tender ConnectMann - Internet Connectivity Lot 2 (Ref Ref: CABO.626). I would like to have a copy off all bid responses for ConnectMann - Internet Connectivity Lot 2 (Ref Ref: CABO.626)."

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of a person (including the Isle of Man Government). The exemption being applied is 30(2)(b), in that the disclosure of this information could prejudice the commercial interests of a person. There would be a real threat to Isle of Man Government network security should this information be released. In addition, there are risks to the future Procurement process and ability to gain value for money though the Commission releasing detailed bid information submitted as part of a tender. As section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure

1. Promoting transparency Releasing the information would promote a transparent Government.
2. Ensuring standards of integrity when choosing successful bidders as part of tender processes Releasing the information would promote integrity and allow for the public (and others) to assess the bid submitted as part of this tender process.

Factors in favour of withholding 1. Security Concerns for Isle of Man Government The tender response includes technical details on the Isle of Man Government's network, the release of which information could create significant security concerns. 2. Impact on Current/Ongoing Tender Process There was no successful bidder selected following the previous tender process following a finding of non-compliance in relation to Manx Telecom's regulatory obligations by the Communications Commission. A subsequent tender has been issued by the Isle of Man Government which is similar in nature and which is still in progress. Therefore the release of the original submission may compromise the integrity of the current process by providing commercial information to competitors. 3. Impact on Isle of Man Government Tender Competitiveness in the Future Regardless of the state of the current tender, the response held by Communications Commission contains details of costings for individual items within the bid. Whereas the overall cost might be released in the future, costs of individual elements would likely remain commercially confidential as to do so could put the successful bidder, which is a commercial entity not a public body, at a competitive disadvantage. 4. Impact on the Commercial Interests of Tenderers The tender submissions contain very detailed breakdowns of pricing information and technical proposals. Whilst wholesale prices are known to industry the prices quoted for contracts of this nature are not. Disclosure of such information could impact on the ability to tender for such services in the future.

In taking these factors into account the Communications Commission determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1224182 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely