London: 22 September 2009

The Office of Public Sector Information (OPSI) has published the Ministry of Defence (MoD) Information Fair Trader Scheme (IFTS) re-accreditation report. The accreditation process was undertaken to the 2009 standard and pages 5 and 6 of the report provide a quick indication using colour codes on the assessment undertaken during May 2009.

Exclusive Arrangements exist! The report states (reference page 6)

Exclusive Arrangements

It was brought to our attention that the MoD has in operation a contract for publishing the official version of details of procurement opportunities through a third party contractor, known as the Defence Contract Bulletin on a sole basis. The contract grants the third party free and sole use of MoD's information for a three month period. The third party then provides a value-added service to customers who pay a subscription.

Although this contract was placed under fair and open competition, with the majority of contract information available through other web portals and details of specific tenders available via the MoD, the contract does restrict the maximisation of re-use. OPSI has concerns about an arrangement that grants rights to publish public sector information on a sole basis, albeit during what is effectively a three month embargo period.

The Glover Report1 recommends that, "by 2010, contract opportunities across the public sector should be advertised electronically [...] through a single, free, easy to search online portal." MoD is now, in conjunction with other Government Departments, looking to set up a new service that will enable the contract opportunity information to be made available free through a Government portal by the end of 2010.

The Re-use of Public Sector Information Regulations 2005 establish a prohibition against exclusive arrangements in most circumstances. Exclusive arrangements may be permissible where necessary for the provision of a service in the public interest. The MoD argues that publication of these procurement opportunities would not otherwise be possible at nil cost to the MOD budget. While other publication solutions may be possible, given the existing plans for change it would not be cost-effective and thus not in the public interest to end the current arrangement early. However, in the event that the portal is not available MoD has agreed to ensure that any future publication agreement will not contain sole or exclusive rights.

In the interests of transparency, OPSI will add details of this arrangement onto its list of exclusive agreements. This is in keeping with a request made by the European Commission.

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