Can Freedom of Information Requests be Beneficial when Bidding Tenders?

When bidding on a tender, you will normally be dealing with a public sector organisation, be it a local council, NHS Trust, Local Education Authority, or some other government body. These organisations are required by law to keep meticulous notes on every aspect of the tender process in order to maintain transparency on how public funds are spent.

There are many ways that contractors and bid writing companies can access that information and one of the most well-known is a Freedom of Information request. In this article, we will discuss what these requests entail and whether they can be of benefit to you and your tender writers.

What is a Freedom of Information request?

Under UK law, any citizen can request information recorded by any public sector body, so long as that information is non-confidential. For the tendering process, all information should be available for request, as there are strict rules governing both fair competition and government spending, which they must be seen to abide by. The legislation under which a Freedom of Information request may be made is the Freedom of Information Act (FOIA) and Freedom of Information (Scotland) Act (FOISA).

What can you discover with a Freedom of Information request?

While there is all manner of information available, you need to specify the details you want to see in your request. This might include some or all of the following:

• Details of all bidders and how they were ranked
• Contract expiry dates and estimated renewal dates
• Value of winning tenders and copies of the bids

How long does an FOI request take?

When you make your FOI request, the public sector authority has 20 days to consider it and provide you with a response. It may take longer than that to supply the information requested, especially if there is a lot to compile.

Do public sector bodies have to comply with FOI requests?

Yes and no. They are obliged to consider any request and to provide the information, so long as there is no compelling reason not to. At the end of the 20-day consideration period, they must render a decision, but that decision could be that they will not be releasing the information, or that they will only be releasing parts of it.

Is an FOI request useful for tender writing?

It can be. Certainly, you can glean a lot of information regarding rival bidders and their tenders. Being able to see how you ranked alongside the other bidders and what criteria were used to reach those rankings could help you in the future. That said, an FOI request should not be you first method of approach. There are other, less formal methods that can also provide the information you need. Requesting feedback from the buyer, whether formally or informally, can often produce more useful and nuanced information than an FOI request. Also, since these requests are official, they compel the buyer to respond, which they might not appreciate. This could put you in an unwelcome position if bidding on their tenders in the future.

When should I consider an FOI request?

If the tender is of a low value, there is no legal requirement for buyers to publish a Contract Award Notice (CAN). If you need sight of this information, and FOI request might be the quickest way to get it. Likewise, if the CAN has been published, but the information you’re after is not included in the notice, an FOI is likely the only way to gather those details. Another reason you might make a request through FOI is if you are wishing to challenge a procurement decision, since the process documents will be key to assessing your challenge.

For professional assistance with your next bid, contact Your Tender Team today. Call 0116 218 2700 to speak to one of our tender writers and receive a free, no obligation quote for our services.