Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 213 involved were two documents titled, Form of Tender. The applicant was only interested in the unit prices and total prices severed from the two documents. The City withheld this information in part under subsection 18(1)(b) of LA FOIP. The City asserted that the unit prices disclosed pricing and pricing practices of the third parties involved in a competitive contract award process. The Commissioner found the unit prices and total prices constituted commercial and financial information of the third parties. The City asserted that the tender package supplied by the City to bidders contained a blank Form of Tender. Bidders entered their specific data in Schedule A of the form and returned it to the City as part of their bid package. Based on this, the Commissioner found that the third parties supplied the unit prices and total prices. The City asserted that clause 19 of the Instructions to Bidders issued by the City indicated that financial and commercial information supplied by bidders would be supplied in confidence. Based on this, the Commissioner found that the unit pricing and total prices were supplied explicitly in confidence. As all three parts of the test were met, the Commissioner found that subsection 18(1)(b) of LA FOIP was appropriately applied. In Review Report 195-2015 and 196-2015, the Commissioner considered subsection 19(1)(b) of FOIP. An applicant made two access to information requests to the Ministry of Central Services (Central Services) for all current active information technology service contracts with a maximum value of over $1 million and any between Central Services and Solvera Solutions over $1 million. Central Services responded to the applicant advising that some of the information in the contracts was being withheld under various provisions of FOIP including withholding the hourly rates for contracted services pursuant to subsection 19(1)(b). Upon review, the Commissioner found that the hourly rates for contracted services qualified as commercial information of the third party. However, the Commissioner found that the third party did not supply the hourly rates for contracted services because they were provisions of a contract that were mutually generated through negotiation. As all three parts of the test were not met, the Commissioner found that subsection 19(1)(b) of FOIP did not apply. In Review Report 229-2015, the Commissioner considered subsection 19(1)(b) of FOIP. An applicant made an access to information request to Saskatchewan Government Insurance (SGI) for information related to a contract for Centralized Driver License and Identification Card Production and Facial Recognition Services including contract price, price per card components, lump sum price components, and card volume and contract term. SGI responded to the applicant indicating that some of the information was being withheld pursuant to several provisions of FOIP including subsection 19(1)(b) of FOIP. The Commissioner found that the price per unit and lump sum prices constituted the commercial information of the third party. Furthermore, the Commissioner found that the price per unit and lump sum prices were terms of the contract that had been agreed to by both the third party and SGI and as such were mutually generated as part of the negotiation process. The
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