FOI Requests - A Tender Research & Capture Planning Resource: Essential Guide for Government Contract Success

Understanding Freedom of Information

In this article, we are looking at FOI requests (Freedom of Information) as a tool for government suppliers. Using it for market analysis, competitor profiling, business development and to inform your approach to tendering and bid writing! It's route to getting intelligence on UK public bodies. The Freedom Information Act helps create transparency and accountability in government operations.

Fundamentals of the Freedom of Information Act

The Freedom of Information Act applies to most public organisations in the UK.

You can request any recorded information these bodies hold.

Public bodies must respond to your request within 20 working days.

Your request must be in writing, and you need to include:

• Your name
• A contact address
• A clear description of the information you want

We often research existing FOI requests and submit new ones as part of our bid preparation and tender writing services. These being sent in our name - rather than yours.

Some information is exempt from disclosure, such as:

• Personal data
• Commercially sensitive details
• National security matters

Distinctions Between FOI and EIR

Environmental Information Regulations (EIR) work alongside FOI but focus on environmental matters.

EIR requests can be made verbally, while FOI requests must be in writing.

The EIR covers a broader range of organisations, including some private bodies that handle environmental functions.

Time limits are the same for both: 20 working days to respond.

Role of Public Authorities in FOI

Public authorities must publish certain information through publication schemes.

They need to:

• Help you make requests
• Tell you if they hold the information
• Provide advice and assistance

Public bodies should release information unless a valid exemption applies.

Each authority will have a dedicated FOI officer or team to handle requests and you can appeal to the Information Commissioner if you're unhappy with a response.

Strategic Uses of Procurement FOI Requests

Understanding the tactical application of FOI requests can transform them from general fishing expeditions into precision tools for business development.

Identifying Contract Renewal Opportunities

Perhaps the most valuable use of FOI requests is identifying when existing contracts are due for renewal. A well-timed request can provide:

• Contract end dates for services in your sector
• Whether extension options exist in current contracts
• The anticipated timetable for re-procurement
• Any changes in scope being considered for future contracts

This intelligence allows you to prepare bid resources and solutions well in advance, rather than scrambling when an opportunity suddenly appears on a procurement portal. Tender Pipeline is our free tool which can also help you plan for upcoming tenders, as well as researching competitor wins.

Understanding Evaluation Approaches

While specific evaluation weightings for upcoming tenders may not be disclosed, FOI requests can reveal how similar contracts have been evaluated previously:

• The balance between quality and price
• Which specific criteria were most heavily weighted
• Whether social value was a significant factor
• How innovation was assessed and scored

Analysing Spend Patterns

FOI requests for spend data can reveal valuable patterns:

• Whether spending in your category is increasing or decreasing
• Seasonal variations in expenditure
• How budgets are distributed across different departments
• Whether spending is consolidated or fragmented across multiple contracts

Reviewing Incumbent Performance

While detailed performance data may be withheld, FOI requests can often reveal:

• Whether KPIs exist for current contracts
• If service credits or performance deductions have been applied
• Whether contracts have been extended (suggesting satisfaction) or terminated early
• Any significant contract variations that indicate scope changes

Understanding incumbent performance helps identify potential weaknesses to address in your proposals.

Response Protocols

Public bodies must follow specific rules when handling FOI requests. The response process includes set timeframes, clear communication channels, and ways to handle any issues that arise.

Public authorities must respond to your FOI request within 20 working days. The clock starts ticking from the day after they receive your request.

The response deadline can be extended in rare cases where the public body needs more time to weigh up public interest factors. They must tell you about any extension before the original 20-day deadline.

If you send your request on a weekend or bank holiday, the count begins on the next working day.

Analysing the Response from Public Authorities

Check if the response matches what you asked for. Public bodies should send information in your preferred format when possible.

Look for these key elements in the response:

• Clear explanation of what information is being provided
• Reasons for any withheld information
• Reference number for your request
• Contact details for follow-up questions

Make notes about which parts of the response need clarification or seem incomplete.

Handling Delays and Non-Compliance

If you don't receive a response within 20 working days, send a polite reminder to the public authority.

You can take these steps if problems continue:

1. Contact the FOI officer directly
2. Submit an internal review request
3. File a complaint with the Information Commissioner's Office

The Information Commissioner can investigate and order public bodies to release information when they break the rules. Keep copies of all communications and note important dates in case you need to escalate the matter.

Legal Aspects and Regulations

Public bodies must follow strict rules when handling information requests about procurement and tenders. The Freedom of Information Act 2000 and Environmental Information Regulations 2004 set out clear requirements for disclosure.

FOIA and EIR Compliance Features

You can request tender information from any public authority under the FOIA. Each request must be answered within 20 working days.

Public bodies need to provide:

• Contract values and spending details
• Bidding processes and procedures
• Supplier information (with commercial sensitivity considered)
• Decision-making criteria

The Environmental Information Regulations apply when the tender involves environmental matters like waste management or energy. These rules often require more transparency than FOIA.

Public Interest Tests and Exceptions

Some tender details might be kept private if releasing them would harm commercial interests. The public body must balance this against public interest.

Common exemptions include:

• Trade secrets
• Confidential contract terms
• Information that could affect future negotiations
• Personal data protected by GDPR

You can challenge a rejection through the Information Commissioner's Office. They will review if the public interest test was applied properly.

Public bodies must explain their reasons when withholding information. They cannot refuse just because disclosure might be uncomfortable or inconvenient.

Cost Management in FOI Processes

Public bodies follow strict rules about charging for FOI requests. You need to know these costs and fee structures to plan your budget and avoid unexpected charges.

Calculating Costs of Information Requests

Public authorities can charge you if the cost of fulfilling your request exceeds certain limits.

For central government bodies, the limit is £600. For other public authorities like councils and NHS trusts, the limit is £450.

Staff time is calculated at £25 per hour. This covers activities like finding documents and redacting sensitive information.

You can reduce costs by making specific, focused requests. Break large requests into smaller ones if needed.

Understanding Fee Structures for Requests

Basic FOI requests are free. You might need to pay postage costs if you want physical copies of documents.

If your request exceeds the cost limit, the authority can:

• Refuse your request
• Ask you to pay the full amount
• Help you modify the request to fit within limits

Cost-saving tips:

• Request digital copies instead of paper
• Narrow your date ranges
• Focus on specific documents or data
• Ask for summaries rather than full documents

Using Information Acquisition

FOI requests give you detailed data about public sector buying patterns and past procurement decisions. This knowledge helps create stronger bids and spot new business chances.

Obtained Information for Research

FOI data reveals what public organisations spend money on and how they choose suppliers. You can look at past winning bids to see what worked well.

Pay attention to the specific requirements these organisations list in their contracts. This helps you match your proposals to their needs.

Create a database of contract values and renewal dates. These details let you plan ahead and focus on the most promising opportunities.

Competitive Advantage in Tender Processes

Use FOI insights to build trust with public sector buyers by showing you understand their goals and processes.

Key ways to gain an edge:

• Study past successful bids to spot winning patterns
• Track spending trends to predict future contracts
• Learn which suppliers currently hold contracts
• Note common evaluation criteria

Build your tender responses around solving specific problems you've identified through FOI research.

Your proposals will stand out when they show deep knowledge of the buyer's past purchasing choices and current needs.

Record Keeping and Data Handling

Proper documentation practices and secure information storage form the core of successful FOI request management. Public bodies must maintain organised records while protecting sensitive data.

Maintenance of Risk Registers

Your risk register needs to track potential issues related to FOI requests and information disclosure. Create separate entries for each identified risk, including the likelihood and potential impact.

Keep your register up-to-date with:

• Information security breaches
• Missing or incomplete records
• Delayed response times
• Staff training gaps
• System failures

Review and update your risk assessments quarterly. Add new risks as they emerge and document any mitigation steps taken.

Record all changes made to the register, including dates and responsible staff members.

Ensuring Confidentiality and Secure Storage

Your recorded information requires robust protection through both physical and digital safeguards. Set up secure filing systems with clear access controls.

Use these essential security measures:

• Password-protected digital files
• Encrypted storage devices
• Locked filing cabinets
• Access logs
• Regular backup systems

Train your staff on proper handling of sensitive information. Create clear protocols for document classification and storage.

Check your security measures regularly. Update your systems when needed to maintain data protection standards.

What Procurement Information Can You Request?

FOI requests can be a goldmine of procurement intelligence, but understanding what information is typically available—and what is likely to be withheld—is essential for making effective requests.

Information Typically Available

• Contract Award Notices: Details of awarded contracts including value, duration, and winning bidder
• Contract Expiry Dates: When existing contracts are due to end
• Framework Information: Which frameworks are being used for particular categories of spend
• Spend Data: Historical spending in relevant categories
• Incumbent Supplier Details: Who currently delivers services in your area of interest
• Evaluation Criteria: How tenders have been assessed (though not always the specific weightings)
• Procurement Schedules: Forward plans for upcoming tenders

Information Typically Withheld

• Complete Copies of Competitors' Bids: These are generally considered commercially sensitive and protected by regulation 43 of the Public Contract Regulations
• Detailed Pricing Models: Particularly unit pricing that could disadvantage the incumbent
• Specific Technical Solutions: Innovative approaches or proprietary methodologies
• Specific Financial Information: Details that would prejudice commercial interests
• Personal Information: Data protected under data protection legislation

The Information Commissioner's Office (ICO) guidance on Public Contract Regulations makes clear that while certain information can be reasonably designated as confidential (particularly trade secrets and technical innovations), blanket confidentiality claims over entire bids or contracts are unlikely to be upheld.

Which Organisations Must Comply with FOI Requests?

Understanding which organisations are subject to FOI legislation is crucial when considering where to direct your requests. The FOIA applies to a wide range of public authorities, but not all organisations that receive public funding or deliver public services are covered.

Organisations Subject to FOI Requirements

• Central Government Bodies: All government departments, agencies, and non-departmental public bodies
• Local Authorities: All councils including county, district, borough, parish, and town councils
• NHS Bodies: Trusts, foundation trusts, and Clinical Commissioning Groups
• Educational Institutions: Schools, colleges, and universities that receive public funding
• Police Forces: All territorial police forces and other law enforcement agencies
• Publicly Owned Companies: Those wholly owned by public authorities

Organisations Not Subject to FOI Requirements

• Housing Associations: Despite receiving public funding and serving a public function, most housing associations are not subject to FOI legislation (though this has been debated)
• Private Contractors: Companies delivering outsourced public services are not directly subject to FOI, though information they hold on behalf of public authorities may be accessible
• Charities: Unless designated as a public authority for specific functions
• Private Utility Companies: Water, electricity, and gas providers fall outside FOI scope despite their essential service status

The Public Contract Regulations 2015 (which replaced the 2006 regulations) govern how public sector procurement must be conducted, requiring transparency and fair competition. However, these regulations do not automatically make all information about procurement exercises accessible through FOI requests.

When FOI Isn't the Right Approach

While FOI requests are powerful tools, they aren't always the most effective approach:

• For low-value contracts where no formal tender process was required
• When urgent information is needed (remember the 20-working-day response time)
• Where building relationships with procurement teams would be more beneficial
• When the information is already published (Contract Award Notices, Contracts Finder, etc.)
• When requesting would signal your interest to competitors unnecessarily

In many cases, direct engagement with procurement teams through established pre-market engagement processes may yield better results more quickly.

Making Effective FOI Requests

The success of an FOI request often depends on how it is formulated. Vague or overly broad requests are likely to be refused under cost exemptions or require clarification, delaying your access to information.

Best Practices for Procurement FOI Requests:

1. Be specific: Rather than asking for "all information about cleaning contracts," specify exactly what you need: "Please provide the contract end date, annual value, and name of the incumbent supplier for the authority's current cleaning services contract."
2. Limit timeframes: Instead of requesting information "for all contracts," specify a reasonable period: "For contracts awarded in the last three years."
3. Research before requesting: Check if the information is already published in Contract Award Notices, annual reports, or on the authority's transparency pages.
4. Consider timing strategically: Authorities have 20 working days to respond, so time your requests to align with your bid preparation schedule.
5. Build relationships: Consider contacting procurement teams informally before sending formal FOI requests—they may provide information more willingly through pre-market engagement.

Legal Limitations and Exemptions

Public authorities can refuse FOI requests under various exemptions. In procurement contexts, the most commonly applied are:

• Commercial interests (Section 43): Information that would prejudice commercial interests if disclosed
• Information provided in confidence (Section 41): Where disclosure would constitute a breach of confidence
• Cost of compliance: If retrieving the information would exceed the appropriate limit (£450 for local authorities, £600 for central government)

The Public Contract Regulations create a specific statutory prohibition on disclosing certain information provided by economic operators during procurement processes, which engages the absolute exemption under Section 44 of FOIA (prohibitions on disclosure).

However, the ICO has clarified that this only applies to information that has been:

• Forwarded to the contracting authority by an economic operator
• Reasonably designated as confidential
• And remains confidential at the time of the request

Importantly, contract terms that have been mutually agreed between parties are not automatically protected by this prohibition.

Frequently Asked Questions

How can one effectively draft a Freedom of Information request?

Your request must be in writing, including email. Make it clear and specific about the exact information you need. We collate lists of FOI emails across UK public bodies for our clients. Many are also via online forms like Manchester City Council.

Keep your request focused on one topic. Include relevant details like time periods, contract numbers, or tender references.

Provide your real name and a valid contact address. Public bodies need this to respond to your request properly.

Can I request my competitors bids?

You can... but you aren't going to get what you are looking for. FOI requests are far better for accessing

What are the time constraints associated with preparing an FOI response?

Public bodies must reply within 20 working days after receiving a valid request.

The clock starts when they receive your request. If they need more details, the time limit pauses until you provide clarification.

For internal reviews, public bodies have up to 40 working days to respond.

Under what circumstances can an FOI request be lawfully exempted?

Requests can be refused if they exceed the cost limit of £600 for central government or £450 for other public bodies.

Information might be withheld to protect commercial interests, personal data, or national security.

Public bodies must explain which exemption applies and why when refusing a request.

What are the main differences between the Freedom of Information Act 2000 and the Environmental Information Regulations 2004?

The EIR 2004 deals specifically with environmental information, while FOIA 2000 covers all other public information.

EIR includes a wider definition of public authorities and has fewer absolute exemptions.

Internal reviews are required by law under EIR, while they are only good practice under FOIA.

How can FOI requests enhance tender research and capture planning strategies?

FOI requests can reveal past contract values and winning bid details to help price your proposals.

You can learn about current supplier performance and contract terms to spot opportunities.

Access to scoring criteria and feedback from previous tenders helps improve future bid strategies.

Can you outline the statutory guidance for processing Freedom of Information (FOI) requests?

Public bodies must help people make requests and find information they hold. They need to provide advice about their information and how to access it.

Each organisation must have a publication scheme showing what information they make available routinely.