Understanding of tender process

Summary

A request for specific rent amounts from the Swiss Chalet tender was partially refused under commercial interest exemptions, though a summary rental range was disclosed.

Key Facts

• The request concerned the Swiss Chalet tender that closed in 2025.
• Exact rent figures proposed by tenderers were withheld to protect commercial interests.
• The Department of Environment, Food and Agriculture cited Section 30 of the Freedom of Information Act.
• A rental range of £25,000 to £100,000 over a five-year period was provided as an alternative.
• The authority determined that withholding information outweighed the public interest in disclosure.

Data Disclosed

• 2025-10-10
• 2025-10-23
• 4995506
• £25,000
• £100,000
• five-year period

Exemptions Cited

• Section 30 – Economy and commercial interest

Original Request

Under the provisions of the Freedom of Information Act, I request access to the following information: * The rent range or amounts proposed by the tenderers in response to the Swiss Chalet tender that has just closed 2025 * Alternatively, if exact rent figures are exempt, please provide the rent range or summary of the rental offers received. I am making this request to better understand the market context of the tender process.

Data Tables (1)

Data Tables (reformatted)

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: 4995506 22 October 2025

Dear ###

We write further to your request, received 10 October 2025, which states:

Under the provisions of the Freedom of Information Act, I request access to the following information:

• The rent range or amounts proposed by the tenderers in response to the Swiss Chalet tender that has just closed 2025

• Alternatively, if exact rent figures are exempt, please provide the rent range or summary of the rental offers received.

I am making this request to better understand the market context of the tender process.

Please see below our response to your request.

The rent range or amounts proposed by the tenderers in response to the Swiss Chalet tender that has just closed 2025

Section 30 – Economy and commercial interest 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 likely prejudice the economic interests of the island. In addition, such disclosure would undermine the Department’s ability to negotiate effectively in future tenders and could discourage potential bidders from participating, due to concerns over the confidentiality of their commercial information.

Factors in favour of disclosure • Promotes transparency in public procurement
• Enhances public understanding of market context
• Supports accountability in use of public funds

Factors in favour of withholding • Disclosure would likely weaken the Departments negotiating position in future tenders

• Disclosure would reveal sensitive commercial data
• Could deter future bidders from participating due to loss of confidentiality
• The need to protect the commercial interests of the private sector, which plays an important role in the general health of the economy.
• Disclosure could result in price benchmarking that distorts future market submissions

In taking these factors into account the Department of Environment, Food and Agriculture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Alternatively, if exact rent figures are exempt, please provide the rent range or summary of the rental offers received.

The Department confirms that the rental range over a five-year period is between £25,000 and £100,000.

In accordance with Section 15 of the Freedom of Information Act, the Department is committed to providing advice and assistance to applicants. If you were one of the bidders in the Swiss Chalet tender process and are seeking feedback on your submission, you are welcome to contact the Department directly. The Department are happy to provide appropriate feedback in line with our procurement procedures.

Please quote the reference number 4995506 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.