Definition
Freedom of Information(FOI)
The right to request recorded information from public bodies.
Freedom of Information (FOI) requests, made under the Freedom of Information Act 2000, allow anyone, including unsuccessful bidders, to ask public authorities for recorded information, such as evaluation reports, scoring matrices or contract documents, subject to certain exemptions. They are a useful supplementary tool alongside a formal debrief request.
How and when to use an FOI request
FOI requests are best used after a formal debrief, to fill specific gaps rather than as a first step, since debriefs are usually quicker and more targeted. Authorities generally must respond within 20 working days, though extensions and exemptions can apply, particularly around commercial confidentiality.
Common exemptions relevant to procurement include commercial interests (protecting a competitor's genuinely confidential pricing or methodology) and information that would prejudice ongoing commercial negotiations, so FOI does not guarantee full disclosure of every document.
- Applies to most public authorities, including central government and local councils
- Response required within 20 working days in most cases
- Commercial confidentiality exemption often limits disclosure of competitor pricing
- Best used to supplement, not replace, a formal debrief request
Practical tips for suppliers
Be specific about what you are requesting (for example, 'the scoring matrix and evaluator comments for question 3') rather than broad requests, which are more likely to be delayed, refused, or heavily redacted. If a request is refused, you can ask for an internal review and, ultimately, complain to the Information Commissioner's Office.
Frequently asked questions
- Can I use FOI to see a competitor's winning bid?
- Not usually in full. Genuinely commercially sensitive information, such as detailed pricing or proprietary methodology, is often withheld under the commercial interests exemption, though summary evaluation information and non-sensitive parts may be disclosed.
- How long does a public authority have to respond to an FOI request?
- Generally 20 working days from receipt, though this can be extended in some circumstances, such as when a public interest test needs to be applied to a qualified exemption. Persistent delay can be escalated to the Information Commissioner's Office.
- Should I request a debrief or make an FOI request first?
- Request a debrief first, since it is quicker, more targeted, and buyers are already obliged to provide reasons for their decision. Use an FOI request afterwards to seek additional specific documents or details the debrief did not cover.
Related terms