Cleaning Services Contracts

Request Number: FOI/15589

Category: Finance and Procurement - Contracts

Subject: Cleaning Services Contracts

Request and Answer: 
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold information to which your request relates. We further consider that some of the information you seek is exempt by virtue of Section 43(2) of FOIA and have detailed our rationale as to why this exemption applies. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.

Question 1
I am a third year student studying politics. As part of my dissertation I am researching procurement practices within the UK. I am therefore writing to request information under the Freedom of Information Act regarding contracts awarded by your organisation. Please focus on contracts awarded aligning these codes 90910000 - Cleaning services and 90911200 - Building-cleaning services.

What is the total value of the contract awarded to the successful bidder?

Answer
Approximately 30M which includes catering.

Question 2
What is the duration of the contract, including start and end dates?

Answer
1st April 2020-31st March 2026 (5 years plus 1 year extension)

Question 3
If the contract is subject to an extension please specify whether the option to apply the extension has been taken.

Answer
Yes, a one year extension.

Question 4
Please confirm when contract will be next put to competitor tender.

Answer 
September/October 2025

Question 5
What are the specific services or products provided under this contract?

Answer
This contract covers Custody cleaning, regular routine PSNI premises cleaning, contaminated cleaning and vehicle cleaning.

Question 6
What were the criteria used to select the contractor?

Answer
Certifications within the industry including health and safety, quality assurance, environment, and social value, all subject to a robust procurement evaluation process.

Question 7
How many bids were received for this contract?

Answer
Three bids were received. 

Question 8
Who won the contract and can you provide a copy of the winning bid proposal?

Answer 
Partial Exemption
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:

• states that fact,
• specifies the exemption in question and
• states (if not otherwise apparent) why the exemption applies.

The exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 43 (2) – Commercial Interests
Information would or would be likely to prejudice commercial interests of any person, including the public authority holding it.

Exemption Explained
Section 43 is a qualified class based exemption and a public interest test is required.

Public Interest Test

Factors Favouring Release 
Releasing this information would demonstrate openness and transparency of public authorities in the spending of public money, disclosure would allow for a better informed public on how public funds are being spent.

Factors Favouring Retention
Releasing the information on the winning bid proposal and the contract supplier could disadvantage a company and weaken their ability to tender for future contracts in a competitive market which would therefore have an impact on future business revenue. The information has the potential to damage the commercial interests of the supplier in any future public sector procurement as other suppliers will know their typical bid costs. Disclosure could discourage companies from submitting commercially sensitive information and consequently undermine the ability of the PSNI to procure best value for public funds and to conduct a fair tender competition in the future. 

The PSNI's commercial interests could also be prejudiced if commercial details and costs were disclosed which would damage the business reputation of the Service.  The FOIA does not define commercial interests and the ICO Guidance on the application of s43 suggests that “… a commercial interest relates to a person’s ability to participate competitively in a commercial activity i.e. the purchase and sale of goods or services.”

Decision
Release of this information would be likely to harm the process of future tenders and prejudice the commercial interests of the PSNI and the company concerned. A release under Freedom of Information is considered a release into the public domain and would therefore be a release in effect to other competitors. Disclosing the winning bid proposal in this matter would provide an advantage to rival businesses and undermine the main contractor’s trading ability to tender for future contracts. If tenderers are discouraged this may adversely affect the quality of tenders for public contracts and this would not be in the public interest. The public interest test therefore, favours, withholding this specific information.