FOI in Procurement
Using the Freedom of Information Act 2000 to obtain procurement evaluation scores, award rationale, and competitor pricing from public bodies.
Definition
The Freedom of Information Act 2000 (FOIA) gives any person the right to request information held by UK public bodies. In procurement, FOIA is used by suppliers to obtain evaluation scores, award rationale, contract values, contract performance data, and (less commonly) the redacted bid documents of winning suppliers. Used systematically, FOI requests after a lost tender can substantially improve future bids by surfacing why competitors scored where they did and which evaluation criteria dominated the decision.
How it works in practice
A typical post-tender FOI request asks for the requester's own scores against each evaluation criterion, the winning bidder's scores against the same criteria, and the panel commentary that justified the scoring. Public bodies must respond within 20 working days. Common refusal grounds include commercial confidentiality (section 43) and personal data (section 40), but UK Information Commissioner guidance has consistently held that supplier names, contract values, and headline scores are generally not confidential once the contract is awarded. The shape of the response varies by buyer maturity: some send a detailed comparative table; others provide narrative commentary; a few refuse and require an internal review or ICO complaint. Suppliers should treat the standstill notice as the first source of feedback and FOI as the second tier: the standstill notice should already contain the substantive reasons for not winning. FOI is most valuable for systematic learning across many lost tenders: patterns in scoring (consistent low marks on a particular sub-criterion, consistent feedback themes) point at specific gaps in the supplier's bid library or methodology that can be fixed. The Procurement Act 2023 transparency regime expands the volume of award data published proactively, reducing the need for FOI for headline information.
Common questions
How do I submit an FOI request for procurement information?
Email the public body's FOI inbox (publicly listed) with a clear written request stating you are requesting information under the Freedom of Information Act 2000. Specify what you want (your scores, winning scores, panel commentary, contract value, KPIs). The body must respond within 20 working days.
Can the public body refuse my FOI request?
Yes, but only on specific statutory grounds. Common ones are commercial confidentiality (s43), personal data (s40), and information held for less than fully public reasons. ICO guidance is that post-award supplier names, contract values, and headline scores are usually disclosable. Detailed pricing breakdowns may be withheld where they would harm future negotiations.
Does the Procurement Act 2023 reduce the need for FOI?
Partly. PA 2023 mandates publication of transparency notices including award rationale, contract performance data, and KPI outcomes. Headline information will increasingly be available without FOI. Detailed scoring breakdowns and panel commentary will still need an FOI request in most cases.