TT Races Radio Commentary Tender

Summary

The request sought details on the 2019/20 TT radio commentary tender, its cancellation, and the subsequent 2022 contract awarded to Manx Radio without competition. The Department for Enterprise released some information but withheld specific financial costs and legal advice regarding the tender decision.

Key Facts

• The Department for Enterprise received the FOI request on 6 May 2022 and responded on 7 June 2022.
• Financial costs and charges for the 2022 Manx Radio contract were redacted to avoid prejudicing the upcoming 2023 tender process.
• Information regarding the non-award of the 2019/20 tender was withheld under legal professional privilege.
• The Department cited three potential local businesses and several off-island entities as future tenderers.
• A public interest test was conducted, concluding that withholding financial data was necessary to ensure best value for money in future competitions.

Data Disclosed

• 2019/20
• 2022
• 2023
• 6 May 2022
• 7 June 2022
• 1 year
• 3 potential local businesses
• Section 30(2)(b)
• Section 40

Exemptions Cited

• Section 30(2)(b) - Commercial interests
• Section 40 - Legal professional privilege

Original Request

Please provide all information regarding the TT radio commentary tender that had taken place in 2019/20, how many submissions there were and why this tender was axed. Did a Political Member intervene in this process? Please provide all documents / meeting notes regarding the decision for this tender to be ended and the reason why one tender (Energy FM) still to date has not been notified of the decision. Include any emails Details of the waiver request to award Manx Radio a 1 year contract for 2022 without tender and the justification given to it. Details of the reasons why after 2 years, Manx Radio have been given exclusive live access again despite a competitive tender being carried out. Details of all internal documents and emails regarding the radio commentary service and costs this 1 year deal with Manx Radio has incurred for the DFE. The copy of the 2022 Manx Radio Contract.

Data Tables (1)

Full Response Text

7th June 2022

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX Email:dpo-enterprise@gov.im
Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 2434669

Dear ####

Freedom of Information Act 2015

I write further to your request which was received on 6th May 2022 and which states:

"Please provide all information regarding the TT radio commentary tender that had taken place in 2019/20, how many submissions there were and why this tender was axed.

Did a Political Member intervene in this process? Please provide all documents / meeting notes regarding the decision for this tender to be ended and the reason why one tender (Energy FM) still to date has not been notified of the decision. Include any emails

Details of the waiver request to award Manx Radio a 1 year contract for 2022 without tender and the justification given to it.

Details of the reasons why after 2 years, Manx Radio have been given exclusive live access again despite a competitive tender being carried out.

Details of all internal documents and emails regarding the radio commentary service and costs this 1 year deal with Manx Radio has incurred for the DFE.

The copy of the 2022 Manx Radio Contract."

In answering your request, this Department will, wherever possible respond to each part individually, providing any relevant copies of documents requested, however, the Department will redact any payable charges from the documents supplied as the provision will be subject to a competitive tender for 2023 and onwards and it is the view of this Department that release of these costs will prejudice that tender process and therefore the commercial interests of this Department.

2

Application of Section 30(2)(b)

This Department therefore will apply an exemption under s30(2)(b) of the Act to the costs and charges of the provision. This Department is aware that one potential tenderer will be aware of their own costs, but this Department does not believe that this would in any way prejudice the outcome of competition. Any service like this should be open to commercial competition, there being three potential local businesses and several off-island who might wish to tender for the provision in the future.

This Department is fully aware that the information provided in response to a request of this nature is deemed to be a disclosure to the world in general rather than a disclosure to an individual requestor, it is this Departments opinion that whilst disclosure of the information would most likely be in the public interest, the release of any financial information would not, due to the aforementioned prejudice this would have.

On balance the disclosure of the costings has been assessed in favour of not releasing the financial information in advance of any tender process. If no tender process is to occur then the balance changes and would allow the publication.

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

Disclosure would promote increased transparency and provide insight and better understanding of the cost of providing a public service through a government promoted sporting event.

Factors in favour of withholding

This Department's ability to obtain the best financial outcomes from a tender process require a level starting position for all potential tenderers, lf the costs for this year's provision are released and are made publically available this will provide an indication to all potential providers and is likely to reduce the Department's ability to obtain best value for money.

In taking these statements into account this Department has determined that the factors in favour of maintaining the partial exemption outweigh the factors in favour of disclosing all information in full.

Application of Section 40 in regards to Legal Privilege

This Department is withholding information provided to it in regards to the non-award of the tender under section 40. The Department is withholding the information received as it is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

3

This Department is applying section 40 on the grounds of advice privilege as the withheld information is provided in a legal context directly related to the ending of the tender process and a decision not to award.

Factors in favour of disclosure

Disclosure would promote increased transparency and provide insight and better understanding of the processes and procedures of the tender process;

Factors in favour of withholding

The maintenance of legal privilege and the ability of the Department to seek advice on matters from legal advisors, in particular where that advice is about legal right, liabilities, obligations of remedies open to the Department.

On the basis that the general public interest in the disclosure of communications of this type is referred to under headings such as transparency and informing the public debate, there is no clear, compelling or specific justification for the disclosure of the information.

This Department in applying the public interest test cannot identify any reason for release that would outweigh the obvious interest in protecting communications between the Department and its legal advisors, particularly where the advice has been received in confidence.

This Department ran a tender process starting on the 15th of November 2019 to provide radio broadcast services to the Department for the TT, Classic TT and Manx Grand Prix races for a period of three years. Invitations to tender were issued on the 2nd of December with organisations being given until the 17th of January 2020 to respond. The process was administered by the Procurement Services team in the Attorney General’s Chambers as is normal for this type of tender, receiving three expressions of interest and subsequently two actual tender submissions, one from Manx Radio Ltd., the other Energy Media UK Ltd. • Panel of 4 Department Officers and 1 independent determined that both submissions were non-compliant; • Requests to both for additional information and clarifications; • Panel reviewed and completed assessment, 1 remained non-compliant; • Assessment document recommends award to compliant organisation (Assessment document provided); • Accounting Officer acting on advise received requests presentations and re- scoring of tender submissions (e-mail provided); • Revised panel receives presentation and rescores based on information received; • Original decision overturned due to rescoring; • Revised assessment document drafted; 4

• Advice received that whole of original panel must be in agreement with rescore to ensure that there could be no challenge to process; • Options provided to the Department for way forward on 8/04/2020 (paper dated 18/03/2020 provided); • Decision on 08/04/2020 was to award based on revised appraisal, but to delay award for a period of 1 year due to Covid impacts and event cancellation; • Further advice received against award with delay, due to process and that Department’s requirements may change during reviews completed in Covid Hiatus (Document withheld under section 40 exemption); • Revised position and recommendations presented to the Department 13/05/2020 (paper dated 04/05/2020 provided); • Department agrees not to award and to review the tender and retender once the Covid environment becomes clearer. • Procurement services advised of tender cancellation, with request to inform organisations who provided submissions of this, the Department holds no information of whether responses went out to both organisations. (e-mail thread dated 15/05/2020 provided).

“Details of the waiver request to award Manx Radio a 1 year contract for 2022 without tender and the justification given to it.” “Details of the reasons why after 2 years, Manx Radio have been given exclusive live access again despite a competitive tender being carried out.” The following is the text of the exemption from complying with the requirements of Financial Regulations with regards to the tendering of contracts. Financial Practice Note C.06 General Procurement states: Where the procurement of goods and services is not covered by broader Central or other Framework Agreements (in which case the procurement must be in accordance with those agreements), the Delegated Officer must use their best endeavours to seek value for money and appropriate competition for all goods and/or services purchased.”
Exemptions from complying with this requirement may be granted. Text of granted exemption: “This Financial Regulations Exemption request is to appoint Manx Radio to deliver radio coverage of the 2022 Isle of Man TT Races and Manx Grand Prix Races. Due to the considerable changes being driven by the new Digital First Broadcast Strategy for TT, moving to a new supplier for the critical radio coverage of the event represents too significant a risk at this moment in time. It is proposed to award a contract for one year to Manx Radio, in line with the other broadcast and content contracts currently in place and/or being awarded. This will then be reviewed and tendered in time for the 2023 events. 5

With the advent of a live television broadcast of the TT Races for the first time in 2022, the traditional means method of providing radio coverage of the event will change. It is planned that the radio production will now use this live television feed for all commentary content and will take their second-by-second information from the live television images (both on the ground and via helicam) as well as live timing, rider tracking, and race control updates – all allowing for immediate reporting and instant updates on any competitor at any time on almost any part of the course.
Commentary will therefore be based on real-time developments as the sports story evolves. This narrative will be interspersed with insights, interpretation, predictions and expert analysis – the core staples of modern sports commentary and punditry. The key difference to previous years is that this approach will allow commentators to convey the sporting narrative as it happens, not after it has happened meeting the expectations of a global audience. The coverage for TT will be anchored by a lead commentator and an analyst situated in the Grandstand Tower, supported by two pit lane reporters who in turn will both be supported with a pundit each, taken on rotation from a pool of 8 – 10 pundits working across all TT content platforms. The talent line up will feature a range of professional broadcasters, former competitors and industry experts and will address a gender balance issue, putting female voices onto radio coverage of the TT for the first time ever. The talent line up will feature a mix of new and existing personnel, all of whom will be well known to motorcycle racing fans. The coverage will also be developed by the inclusion of an Executive Producer for the first time, overseeing the editorial approach and ensuring the story of the day is told in new and creative ways, taking the listener deeper into the event than ever before. Delivery of the service will be via Manx Radio’s dedicated FM and regular AM frequency’s, digitally via iomttraces.com, around the course via a public address system and for the first time ever, will be available for syndication with inserts offered to other local stations such as Energy FM for inclusion in their own broadcasts. This updated approach is part of a cross platform content strategy for TT, delivering consistent and high quality coverage of the TT races to fans all around the world. Radio coverage will fit seamlessly into this new approach as one of several platforms delivering high quality TT coverage. Manx Radio will also provide full coverage of the Manx Grand Prix Races. This coverage will be more in line with the traditional approach of covering the Mountain Course events on radio, with three commentary points and a pit lane reporter. The talent for the Manx Grand Prix will be confirmed in due course, with some of the previous names involved no longer available for a variety of reasons. 6

The editorial coverage will be supported by a sustaining service (music, news, weather etc.), available on the AM frequency throughout the event periods outside of qualifying and racing. The total cost of the contract to cover both events will be £####### compared to £###### with the same provider in 2019.
The Department’s finance officer on approving commented: “Unclear how the cost compares to 2019 without a breakdown of the cost makeup and also no mention if there is a current contract or history of a radio contract relationship, email sent to applicant 07/02/22. The exemption is for a one year contract with the provider since 1964. The Division will tender for a contract for the 2023 events onward when more certainty is known on how the radio broadcast will fit with the live TV broadcast.”
Adding after receipt of the requested information “The Division has confirmed that the 2022 breakdown of services and therefore cost is in line with that of the 2019 event.”
The test of the exemption provides the general rationale for the engagement of Manx Radio, and why, at this stage of the Digital First Strategy, a tender was not believed to be an appropriate for the 2022 events.
Details of all internal documents and emails regarding the radio commentary service and costs this 1 year deal with Manx Radio has incurred for the DFE. The Digital First Strategy (copy provided) was developed by the Department, as can be seen this proposes significant changes to the historic presentation of the TT to the broader public, radio broadcast is a small part of this strategy. Once developed the strategy was presented to the Economic Recovery Group to enable funding for the various aspects of the strategy, the strategy was accepted and funding was approved as shown by the provided cut up.
As the radio broadcast in itself was seen to be a minor part of the overall strategy, there was no formal written decision by this Department to not to tender for the provision, rather to retain status quo and appoint Manx Radio for a single year. This Department was provided with verbal updates and the formal exemption from Financial Regulation should be seen as being the formal decision/approval as the authority to grant the exemption is provided by this Department’s Accounting Officer. The

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