Earthscope - reference FoI request 4082318

Authority	Department of Environment, Food and Agriculture
Date received	2025-05-06
Outcome	Some information sent but not all held
Outcome date	2025-05-29
Case ID	4632837

Summary

A request was made for detailed correspondence and minutes regarding the tender process for the Earthscope project, specifically questioning adherence to procurement rules and potential interference. The Department of Environment, Food and Agriculture responded that some information was sent, but not all requested data was held.

Key Facts

The request was received on 2025-05-06 and the outcome was issued on 2025-05-29.
The authority handling the request is the Department of Environment, Food and Agriculture.
The outcome status is 'Some information sent but not all held'.
The response consists of 7 pages across 1 document.
The request specifically queried the tender process for a company named Earthscope.

Data Disclosed

2025-05-06
2025-05-29
4632837
4082318
7
1
14.02.23
10 working days
20 working days

Original Request

If the proper tender process wasn't followed for Earthscope, please provide all minutes, emails and associated correspondence to that effect. What was the date the Designated Body to instructed Procurement Services of their requirement to tender? 'From this stage onwards, Designated Bodies are made aware of the confidentiality requirements and instructed not to discuss the project with potential suppliers.' Please confirm this was the case and if not, please provide all associated correspondence pertaining to why process wasn't followed, to include any interference from any members of Tynwald? Please provide the date of the project initiation meeting at which the Designated Body explained their requirements and provided background to the project and Procurement Services explaining the project methodology, responsibilities and requirements? Please provide all minutes, emails and associated correspondence relating to this stage. On what date was project documentation drafted and agreed (it is a requirement that this is complete prior to proceeding to the next stage)? On what date was the Agreement drafted and signed? Expression of Interest Please provide the dates and mediums used to advertise this and the rational for each choice of medium? What advice was offered by Procurement Services? Please provide all minutes, emails and associated correspondence relating to this stage. Expressions of Interest will be advertised for a minimum of ten working days - was this the case? If not, why not? When expressing their interest, suppliers will be required to confirm their compliance with and acceptance of the Procurement Process. On what date did Earthscope provide their acceptance? If this was late, please explain why this was allowed. Pre-Qualification Questionnaire (PQQ) - were Procurement Services consulted on this and was one issued? If not, why not? Please provide all minutes, emails and associated correspondence relating to this stage. Bidders are allowed ten working days to return PQQ responses. Was this adhered to by Earthscope? If not, why not and please explain the reasons why not? Bidders are allowed a minimum of twenty working days to submit their Tender Responses - did Earthscope submit their tender within the allotted time frame? If not, why not? Please provide all correspondence to pertaining to why a breach of timeframe was allowed (if it occurred)? Certificate of Non-Collusion - was one requested? Was one received? If not, why not? Please provide all minutes, emails and associated correspondence relating to this document and requirement. Information is required on who owns the company, details of bankers and references, information about parent company (if applicable), a copy of Memorandum and Articles of Association and most recent Annual Report and Financial Statements - Earthscope was incorporated on the 14.02.23 so annual accounts would not have been available. Please explain why Earthscope were allowed to submit a tender without financial statements? Please provide all minutes, emails and associated correspondence relating to this due diligence requirement.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4632837 29 May 2025

Dear ###

We write further to your request, received 6 May 2025, which states:

"If the proper tender process wasn't followed for Earthscope, please provide all minutes, emails and associated correspondence to that effect.

What was the date the Designated Body to instructed Procurement Services of their requirement to tender?

'From this stage onwards, Designated Bodies are made aware of the confidentiality requirements and instructed not to discuss the project with potential suppliers.' Please confirm this was the case and if not, please provide all associated correspondence pertaining to why process wasn't followed, to include any interference from any members of Tynwald?

Please provide the date of the project initiation meeting at which the Designated Body explained their requirements and provided background to the project and Procurement Services explaining the project methodology, responsibilities and requirements? Please provide all minutes, emails and associated correspondence relating to this stage.

On what date was project documentation drafted and agreed (it is a requirement that this is complete prior to proceeding to the next stage)?

On what date was the Agreement drafted and signed?

Expression of Interest

Please provide the dates and mediums used to advertise this and the rational for each choice of medium?

What advice was offered by Procurement Services? Please provide all minutes, emails and associated correspondence relating to this stage.

Expressions of Interest will be advertised for a minimum of ten working days - was this the case? If not, why not?

When expressing their interest, suppliers will be required to confirm their compliance with and acceptance of the Procurement Process. On what date did Earthscope provide their acceptance? If this was late, please explain why this was allowed.

Pre-Qualification Questionnaire (PQQ) - were Procurement Services consulted on this and was one issued? If not, why not? Please provide all minutes, emails and associated correspondence relating to this stage.

Bidders are allowed ten working days to return PQQ responses. Was this adhered to by Earthscope? If not, why not and please explain the reasons why not?

Bidders are allowed a minimum of twenty working days to submit their Tender Responses - did Earthscope submit their tender within the allotted time frame? If not, why not? Please provide all correspondence to pertaining to why a breach of timeframe was allowed (if it occurred)?

Certificate of Non-Collusion - was one requested? Was one received? If not, why not? Please provide all minutes, emails and associated correspondence relating to this document and requirement.

Information is required on who owns the company, details of bankers and references, information about parent company (if applicable), a copy of Memorandum and Articles of Association and most recent Annual Report and Financial Statements - Earthscope was incorporated on the 14.02.23 so annual accounts would not have been available. Please explain why Earthscope were allowed to submit a tender without financial statements? Please provide all minutes, emails and associated correspondence relating to this due diligence requirement."

For ease, I have numbered your questions. Please find below the information being released to you.

Q1 If the proper tender process wasn't followed for Earthscope, please provide all minutes, emails and associated correspondence to that effect.

Q2 What was the date the Designated Body to instructed Procurement Services of their requirement to tender?

Q3 From this stage onwards, Designated Bodies are made aware of the confidentiality requirements and instructed not to discuss the project with potential suppliers.' Please confirm this was the case and if not, please

provide all associated correspondence pertaining to why process wasn't followed, to include any interference from any members of Tynwald?

Section 20 – Information accessible to applicant by other means While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

The information that you have requested regarding the procurement process and electronic tendering is available here: 250519-financial-regulations-may-2025- final_compressed.pdf

To offer advice and assistance, a copy of the Isle of Man Government Financial Regulations 2023 are attached for your refence. Please see Appendix A.

Q4 Please provide the date of the project initiation meeting at which the Designated Body explained their requirements and provided background to the project and Procurement Services explaining the project methodology, responsibilities and requirements? Please provide all minutes, emails and associated correspondence relating to this stage.

The project brief was drafted on 7 July 2023.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. This is because the Department liaised with Procurement Services both verbally and using MSTeams. MSTeams communication is no longer held in line with the Isle of Man Government Retention Schedule. The Department does not hold minutes, emails or correspondence relating to this stage.

Q5 On what date was project documentation drafted and agreed (it is a requirement that this is complete prior to proceeding to the next stage)?

• Drafted: 07 July 2023 • Finalised: 19 July 2023 • Publication on portal: 24 July 2023

Q6 On what date was the Agreement drafted and signed?

• Drafted: 24 July 2023 • Agreement signed by Earthscope: 04 August 2023 • Purchase Order signed by the Department: 23 September 2023

To offer advice and assistance, an extension agreement for a period of 12 months was signed by the Department on 30 September 2024.

Expression of Interest

Q7 Please provide the dates and mediums used to advertise this and the rational for each choice of medium?

The Expressions of Interest was advertised using the Isle of Man Government online procurement portal. Relevant suppliers in selected categories are informed of the Expression of Interest. In addition this was advertised by direct marketing to Earthscope as an identified supplier as they were the only known local sustainability training organisation. Please see Appendix B.

Q8 What advice was offered by Procurement Services? Please provide all minutes, emails and associated correspondence relating to this stage.

To offer advice and assistance, you may wish to submit a Freedom of Information request to Treasury.

Q9 Expressions of Interest will be advertised for a minimum of ten working days - was this the case? If not, why not?

The Isle of Man Government Financial Regulations 2023 state the advertising period for matters to which paragraph 3.4 of this practice note applies should be the minimum of five working days and should allow for a minimum of two working days for customers to provide a quick quote.

To offer advice and assistance, a copy of the Isle of Man Government Financial Regulations 2023 are attached for your refence. Please see Appendix A.

Q10 When expressing their interest, suppliers will be required to confirm their compliance with and acceptance of the Procurement Process. On what date did Earthscope provide their acceptance? If this was late, please explain why this was allowed.

Earthscope expressed their interest on 24 July 2023.

Q11 Pre-Qualification Questionnaire (PQQ) - were Procurement Services consulted on this and was one issued? If not, why not? Please provide all minutes, emails and associated correspondence relating to this stage.

Yes, Procurement Services were consulted on the Pre-Qualification Questionnaire.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. This is because the Pre-Qualification Questionnaire was agreed both verbally and via MSTeams with Procurement Services
MSTeams communication is no longer held in line with the Isle of Man Government Retention Schedule. The Department does not hold minutes, emails or correspondence relating to this stage.

Q12 Bidders are allowed ten working days to return PQQ responses. Was this adhered to by Earthscope? If not, why not and please explain the reasons why not?

Yes, this was adhered to by Earthscope.

Q13 Bidders are allowed a minimum of twenty working days to submit their Tender Responses - did Earthscope submit their tender within the allotted time frame? If not, why not? Please provide all correspondence to pertaining to why a breach of timeframe was allowed (if it occurred)?

Yes, Earthscope submitted within the allowed timeframe.

Q14 Certificate of Non-Collusion - was one requested? Was one received? If not, why not? Please provide all minutes, emails and associated correspondence relating to this document and requirement.

To offer advice and assistance, the Certificate of Non-Collusion is a standard document of a full tender process for projects of £100k+, and is not mandatory as part of the Quick Quote process.

Q15 Information is required on who owns the company, details of bankers and references, information about parent company (if applicable), a copy of Memorandum and Articles of Association and most recent Annual Report and Financial Statements - Earthscope was incorporated on the 14.02.23 so annual accounts would not have been available. Please explain why Earthscope were allowed to submit a tender without financial statements?

Please provide all minutes, emails and associated correspondence relating to this due diligence requirement.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. This is because nothing in the Freedom of Information Act requires the Department to create or derive information from information that it holds; undertake research into, or analysis of, information that it holds; or undertake substantial compilation or collation of information that it holds.

Please quote the reference number 4632837 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:

Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
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.