Census Transformation Programme Market Engagement Exercise Supplier Information Document September 2016
Table of contents Introduction 2 About this document 2 1. About the census 2 2. Statistics in the UK 3 2.1. Office for National Statistics 3 2.2. UK Statistics Authority 4 3. Census Transformation Programme 4 3.1. Background 4 3.2. Programme vision 5 3.3. Programme objectives 5 3.4. Programme priority themes 5 3.5. Changes from the 2011 Census 6 3.6. Further information 7 4. Delivering the Programme 8 4.1. Designing the census 8 4.2. Delivering the Programme 9 5. Procuring the Census 11 5.1. Overview 11 5.2. Programme scope 11 5.3 Core procurement principles 13 6. The Exercise 16 6.1. Overview 16 6.2. Main messages from Part 1: General 16 6.3. Aims and objectives for Part 2: Specific 17 7. Next steps and forthcoming milestones 17 8. Further notes 18 8.1. General 18 8.2. Freedom of information 18 1 Office for National Statistics
Introduction As a part of the development of the procurement strategy for delivery of the Census Transformation Programme (the Programme), the Office for National Statistics (ONS) is undertaking a comprehensive market engagement exercise (the Exercise) aimed at assisting ONS to better understand the supplier marketplace. The Exercise is being delivered in two parts, the first of which took place in spring / summer 2015 with the launch of the Exercise and the publishing of a general questionnaire (the Questionnaire) that was used to establish the general levels of market appetite amongst supplier organisations (the Suppliers). ONS commenced the second part in February and March 2016 to focus on the specific requirements and procurements for the Programme and is now continuing with this second part of the Exercise. About this document This document aims to provide Suppliers with an overview of ONS, the Programme, and the Exercise. In addition, the document also provides Suppliers with information about: the Programme Vision, the Programme Objectives and the Programme Priority Themes; the significant changes between the 2011 Census and the Programme; the Programme design, and ONS s plans for delivering the Programme; the Programme scope, and those products and services that ONS will require in order to deliver the Programme; ONS s approach to procurement, and the key strategic drivers that will influence ONS s detailed procurement strategy; the next steps and significant milestones relating to the Programme. This document does not purport to offer Suppliers specific dates for procurement activity. Notification of specific procurement plans will be provided to Suppliers in due course. 1. About the census The ten yearly census has a 210 year history. Since 1801, every household in England and Wales has been required by law to respond to a series of questions about the household and people within it. The result has been the production of an unparalleled source of consistent and comparable information about the population, household characteristics, housing and occupations. The census is highly valued by government departments, local authorities, public bodies, business, the voluntary sector, academic researchers, commentators and individuals. For genealogists and historians, household responses from the ten yearly census are a valuable resource to support family or social history research, when released after 100 years. 2 Office for National Statistics
Population and housing statistics, particularly small area and small population statistics, underpin the allocation of billions of pounds of government spending each year by government departments and public authorities (e.g. by the Department for Communities and Local Government, and NHS England). They are fundamental to policy formulation, decision making, research and outcome monitoring across the public, private and voluntary sectors. They also underpin the allocation of European regional aid and enable the UK to fulfil its international obligations: most of the statistics currently produced by the census are also required to meet European Regulations and failure to comply could result in infraction fines for the UK Government. Population statistics are at the heart of the wider statistical system; they are used not just for estimates of the numbers and characteristics of people but also underpin numerous other statistics. Economic statistics are often expressed as rates in relation to population, e.g. the unemployment rate, GDP per capita. The next census will be taken in England and Wales in 2021 (reference hereon to the Census is to this planned future census). 2. Statistics in the UK 2.1 Office for National Statistics The Office for National Statistics is the UK s largest independent producer of official statistics and is the recognised National Statistics Institute (NSI) for the United Kingdom (UK). ONS is responsible for collecting and publishing statistics related to the economy, population and society at national, regional and local levels. ONS also conducts the census in England and Wales every ten years. The main responsibilities of ONS are: the collection, compilation, analysis and dissemination of a range of economic, social and demographic statistics about the UK; the provision of statistical leadership and methodological advice for the benefit of UK official statistics; representation internationally as the NSI for the UK. ONS is also the only government department with the production of statistics as its main role. ONS operates independent of ministers and reports through the UK Statistics Authority to Parliament and the devolved administrations of Scotland, Wales and Northern Ireland. These responsibilities span more than 650 different statistical releases a year which rely on a broad range of methods and systems. More information about ONS and the census can be found on the ONS website: www.ons.gov.uk. 3 Office for National Statistics
2.2 UK Statistics Authority ONS is the executive office of the UK Statistics Authority, which was established on 1 April 2008 by the Statistics and Registration Service Act 2007 (the 2007 Act). Under the 2007 Act, the UK Statistics Authority is responsible for promoting and safeguarding the production and publication of official statistics which serve the public good. Further information on the UK Statistics Authority and the Statistics and Registration Service Act is available on the UK Statistics Authority website: www.statisticsauthority.gov.uk 3. Census Transformation Programme 3.1 Background The 2011 Census Programme delivered one of the most successful censuses ever: delivering to time, under budget and to a high level of quality, producing a wide range of outputs that were praised by users. However this does not mean ONS should do exactly the same again and ONS therefore instigated the Beyond 2011 Programme to identify the best methods for producing population statistics in the future. This must be seen in the context of: how changes in technology may facilitate a move away from a traditional, paper-based census; the demands of society for more frequent data on the number and make-up of the UK population; recognising the improvements in the quality of output from administrative data sources (giving the potential for the increased use of administrative data in the production of statistics); changes made in law through the 2007 Act that have enabled ONS to be able to access additional government datasets; the need to make the most effective use of public money. Having considered all of the information gathered as part of the Beyond 2011 Programme, on 27th March 2014 the National Statistician recommended to the Government that: an online census of all households and communal establishments in England and Wales (be taken) in 2021 with the increased use of administrative data and surveys in order to enhance the statistics from the 2021 Census and improve annual statistics between censuses. This recommendation was accepted by the Government in July 2014. The Beyond 2011 Programme was closed in January 2015 and replaced by the Programme to take forward this work. The Programme is recognised as a programme of national significance, and forms a part of the Government s Major Project Portfolio. The success of both the 2011 Census and Beyond 2011 Programmes give ONS a solid foundation from which to plan and deliver 4 Office for National Statistics
the Programme and the 2021 Census, especially as ONS has a strong and experienced programme team working on the census. 3.2 Programme Vision The Programme Vision is to make the best use of all available population data and technology to help shape tomorrow. Realising this vision will enable ONS to make the best use of all available data to provide the population statistics which England and Wales require, and offer a springboard to the greater use of administrative data and annual surveys in the future. 3.3 Programme Objectives The Programme objectives are as follows: 1. To produce statistics of the right quality and timeliness to meet user needs; 2. To produce integrated outputs from census, administrative and survey data; 3. To make a recommendation by 2023 about the future nature of the census and methods for the production of population statistics beyond 2021; 4. To protect, and be seen to protect, confidential personal data; 5. To maximise the potential for wider benefits to ONS; 6. To provide value for money; 7. To maximise benefits from the Census for all stakeholders (local and central government, public, private and voluntary sectors). ONS is also focused on ensuring that the Programme is delivered using the optimal balance of one-off systems (developed expressly for the delivery of the census) and the building of systems by ONS for re-use by ONS and the wider public sector (to deliver further census or surveys generally). This was a recommendation from the previous census, where (as a lesson learnt) it was felt that ONS could have made better use of the census to improve its own delivery capability. 3.4 Programme Priority Themes As a part of developing the implementation plan for the delivery of the Programme, ONS has also developed a set of priority themes that will be regularly used to distil the Programme vision and objectives into the Programme s everyday culture. These are particularly relevant to supplier organisations, as they form the basis of the Balanced Scorecard (see later on in this document). The Programme priority themes are as follows: Timeliness: the Programme must realise all of its milestones and objectives in line with the baseline schedule and, critically, the delivery on census day itself and the timely production of outputs. 5 Office for National Statistics
Cost control: delivering the Programme within cost constraints. This will involve good cost planning with a focus on realising early cost certainty; backed up with robust cost management procedures. Quality: delivering world-class census outputs for 2021 and beyond, realising the Programme s vision, meeting the quality objectives and end user needs. Collaboration: delivering a one-team approach with all stakeholders aligned to the Programme vision and objectives. Reputation: enhancing and protecting the reputation and image of ONS through the successful delivery of the Programme. Transformation and benefits: using innovative approaches to deliver improved and more timely census outputs and benefits for 2021 and beyond with a focus on digital by default principles, as well as wider ONS benefits and re-use throughout government. Confidentiality and security: the Programme is committed to ensuring that security is incorporated throughout everything it does to protect the principle of confidentiality. 3.5 Changes from the 2011 Census As stated earlier, ONS isworking to ensure that the census is more successful and valuable than the 2011 Census. This will require the census evolving, to incorporate the latest technology and methods of data collection, analysis and publication. To this end, ONS is focusing on a number of significant changes in the delivery of the census: 1. Predominantly online. The 2011 Census saw almost 17 per cent of respondents complete their questionnaire online. The 2021 Census will be the first predominantly online census in the UK. ONS has adopted a working target of achieving a 75 per cent online response rate. To achieve this working assumption, ONS will work with a wide range of stakeholders and supplier organisations, to build a reliable online solution that uses leading-edge technology. 2. Greater use of administrative data. ONS is working to make the best use of all available data in the production of population statistics. This includes research into the potential use of administrative data and surveys to produce population, household and characteristics information currently provided by a census. This will culminate in a recommendation about the future provision of population statistics in 2023. In the meantime, an annual assessment showing progress was published in May 2016. Supporting these annual assessments will be the production of an annual research update including administrative data based research outputs from autumn 2015. ONS is also working to produce new integrated census and administrative data outputs, subject to data access and quality. For example, linking administrative data on income to the 2021 Census to produce census type statistics on income. 6 Office for National Statistics
3. Realising wider benefits. A feature of government policy is to focus on the use of major projects and programmes to transform the delivery of public sector services, and realise wider benefits for government and the public alike. ONS will be seeking to design and deliver as much of the Programme as possible with the view of ensuring its suitability for reuse (by ONS and other government agencies). Further, ONS will continue to collaborate closely with other government departments that have a significant interest in the outcomes of the Programme. 4. Transforming ONS. ONS is also using the Programme as part of an overall digital services and data collection transformation, and seeking to get the maximum value possible from reuse of the systems and processes adopted to deliver the Programme and the census. The use of project management approaches (like AgilePM) over more traditional ( waterfall ) approaches will assist with developing parts of the Business Process Model (BPM) and Target Operating Model. In practice, this will result in the Programme using fewer out-sourced elements, and establishing an in-house delivery capability (that will be capable of scaling-up or scaling-down for future ONS activities). 5. Questionnaire (re)design. ONS is working to design the census questionnaire, to make it easier for respondents to complete (and ONS to analyse), thus improving the quality of the data collected. 6. Field operation management. The move to a predominantly online questionnaire will bring challenges to the way that ONS recruits, trains and manages a field force of, at current estimates, 47,000 staff that will assist with collecting the census. This includes a greater use of real time information on the areas and types of population that have responded, so as to enable ONS to prioritise support activities (resulting in efficiencies in how the field operation is managed). 7. Processing and production of outputs The focus on using predominantly online data collection means it will reduce the amount of paper capture required, and therefore potentially enhance the efficiency and accuracy of data-processing activities, resulting in a quicker dissemination of outputs. 3.6 Further Information Further background information on the Programme is contained on the ONS website: www.ons.gov.uk/census. 7 Office for National Statistics
4. Delivering the Programme 4.1 Designing the Census In order to deliver the census, ONS has developed a comprehensive BPM that sets out the stages and activities associated with the entire operation. The BPM will also be used as the basis for planning the 2017 Test and the 2019 Rehearsal. The diagram below is indicative only, and provides an overview of the census operations. 8 Office for National Statistics
4.2 Delivering the Programme The Programme will be delivered in three stages ( Stages ): 2017 Test This stage started during 2015 and will continue to the end of 2017. It will comprise a series of small-scale tests and one large-scale (100,000 households) test (the 2017 Test) that focus on refining the assumptions and dependencies contained in the emerging design. 2017 Test will also see the development of the Outline Target Operating Model (using the results / feedback sourced from the 2017 Test). Finally, the 2017 Test will see ONS finalise its procurement strategy, and appoint those Suppliers that will assist with delivering 2019 Rehearsal and 2021 Census. 2019 Rehearsal 2019 Rehearsal stage will commence in early 2018 and continue until the end of 2019, and will be concentrated around the delivery of a large-scale (approximately 100,000 households) rehearsal in 2019 (the 2019 Rehearsal). The 2019 Rehearsal will be delivered under census conditions, and is specifically designed to enable ONS to rehearse the delivery of the 2021 Census using the systems, processes and procedures that will be used to deliver the 2021 Census. As such, the 2019 Rehearsal will see the agreement and finalisation of the Census Target Operating Model. 2021 Census The 2021 Census stage will commence in early 2020, and will conclude by 2024. This stage will focus on the delivery of the census (in spring 2021), and dissemination of the reports and final Programme outputs. In order to ensure that the lessons learnt (and value) gained from the 2019 Rehearsal are maximised (thus mitigating risks associated with delivery of the census) the suppliers and systems adopted for the 2019 Rehearsal will be refined, and significantly scaled-up (from 100,000 households in the 2019 Rehearsal, to over 26 million households at the time of the census). The focus of the Programme in 2021 Census will also be on meeting the National Statistician s recommendation to the Government on the future of the census beyond 2021. The diagram on the next page shows the significant milestones and features of the three Stages. 9 Office for National Statistics
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5. Procuring the Census 5.1 Overview ONS recognises the role that Suppliers will have in the delivery of the Programme. ONS will need to establish systems that use an optimal blend of in-house solutions, delivered by insourced resource, with solutions delivered by outsourced supplier organisations. ONS will need to assemble strong supply chains that are able to deliver the complex challenges that the Programme will present. It is presently envisaged that ONS will need the support of the Suppliers to assist with the delivery of each of the Stages. During the delivery of 2017 Test, this will be focused around the delivery of a smaller number of discrete packages. The Suppliers appointed to assist with 2017 Test will work closely alongside ONS in-house resource and capability. The focus during the 2019 Rehearsal and 2021 Census will be very much focused on developing the capability and scalability required to ensure operational readiness of the Programme to deliver the census, working with suppliers to build knowledge. The experiences of delivering the 2019 Rehearsal (under census conditions) will be used to refine the Census Target Operating Model, and suppliers own contributions within, to ensure that nothing impacts on the delivery of the census. 5.2 Programme Scope In order to deliver the Programme, ONS will be required to assemble a wide-range of products and services from a range of suppliers. The following diagram provides an overview of the scope of the Programme, and provides Suppliers with an idea of some of the opportunities that will be available. 11 Office for National Statistics
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5.3 Core procurement principles ONS will continue to develop detailed procurement plans, and seek to use the most appropriate route-to-market to source the products and services required. However, there are several core principles that will be applied to the procurement strategy for any product or service sourced for the Programme. These are summarised below. Public Contracts Regulations 2015 ONS is a contracting authority as defined in the Public Contracts Regulations 2015 (the 2015 Regulations). As such, all purchasing and procurement activity undertaken by ONS will be managed in strict compliance with the requirements and obligations contained in the 2015 Regulations. As a minimum, this will see ONS only award contracts on the basis of Most Economical Advantageous Tender ( MEAT ). ONS will also take all reasonable measures required to ensure that it honours the spirit and intent of the EC Procurement Directives, on which the 2015 Regulations are based. Use of Framework Arrangements A core part of present government policy is focused on streamlining the costs and risks of procuring public sector products and services. To support this aim, the Government has assembled a series of framework agreements (eg Consultancy ONE, GDS Digital Services Framework) and dynamic purchasing agreements (eg G-Cloud) (collectively Framework Arrangements) that government departments are encouraged to use to source commoditised assets. ONS fully supports the appropriate use of Framework Arrangements to deliver public services. ONS will always seek to use Framework Arrangements as the default route-tomarket for sourcing Programme requirements. In addition ONS will continue to work closely with Crown Commercial Service (CCS) and the Government Digital Service (GDS) to ensure that the Programme s future requirements and use of framework arrangements are transparent. It is presently envisaged that many of the outsourced elements required to support the 2017 Test will be sourced from Framework Arrangements; as will several elements of the 2019 Rehearsal and 2021 Census. Use of the CCS Decision Tree A driver for ONS throughout all of the procurement activity is to ensure that the right Supplier is appointed to deliver the right scope, on the right terms, at the right time; in order to ensure the operational readiness of the Programme to deliver the 2021 Census. There may be instances where, for reasons applicable to the Programme or the requirements under consideration it is neither suitable nor appropriate to source from a Framework Arrangement. In these instances, ONS will consider the range of options and routes-tomarket available through the application of the Decision Tree 1, which was introduced by CCS and is used to support the implementation of the 2015 Regulations across the public sector. 1 Copies of the Decision Tree are available for download from the following link: https://www.gov.uk/government/publications/ lean-sourcing-guidance-for-public-sector-buyers 13 Office for National Statistics
Digital services and technology ONS is transforming the way it uses digital services and technology to ensure technology platforms and architecture are established to support all of ONS s future requirements. ONS will follow the Technology Code of Practice when designing, building or buying it s technology: https://www.gov.uk/government/publications/technology-code-of-practice/ technology-code-of-practice. As such all digital, technology and methodology decisions which are required by the Programme will be made with the overall strategic objectives of the ONS in mind and overseen by department delivering the digital transformation; Digital Technology and Methodology (DTM). In line with the code of practice, should any procurement activity be required, common sourcing routes such as the Digital Marketplace and CCS technology frameworks will be utilised. Procurement policies in support of enterprise and growth ONS fully supports government initiatives to use public sector expenditure as a tool to support enterprise and growth in the economy. In particular, ONS will work to support the Government s aim that at least 33 per cent of all Programme-related business (direct or indirect) will go to small and medium enterprise organisations (SME s) 2. ONS recognises the value of this aim, and will support the Government through identifying those opportunities that will be suitable for delivery by SME s. ONS will promote opportunities to the market early, thereby assisting organisations with undertaking the measures needed to ensure their readiness to tender for work on the Programme. Finally, ONS will work with our appointed tier-1 (lead) suppliers to ensure that they make opportunities available for SME s. Contracting Strategy ONS will adopt a risk-based approach to assessing the most suitable form of agreement to use for a given contract (noting the limitations that may exist when using Framework Arrangements). ONS has developed two forms of model contract, both of which are based on standard government-approved terms and conditions, for use on contracts of differing complexity and risk profile. Balanced Scorecard For those procurements not sourced through a Framework Arrangement, a Balanced Scorecard will be used to set the criteria on which pre-qualification or tender submissions are assessed. The Balanced Scorecard will be applied to all procurement activity (in whole or in part) to assess the submissions received, thus aligning the outcomes of the procurement process with the Programme Priority Themes. This approach will also assure consistency for all evaluations, and ensure that the award of a contract is made on the basis of best value (expressed in the context of the Programme requirements). The Balanced Scorecard is shown in the diagram on the next page. 2 See https://www.gov.uk/guidance/public-sector-procurement-policy#procurement-policies-in-support-of-enterprise-and-growth for discussion and further information. 14 Office for National Statistics
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6. The Exercise 6.1 Overview The market engagement activity for the Programme is being undertaken in two parts: Part 1: General The activities associated with Part 1 were undertaken during spring / summer 2015, and consisted of: a supplier briefing (the Briefing) delivered by ONS to all interested supplier organisations in May 2015. 3 The Briefing was attended by 300 people representing 190 organisations; and a supplier survey (the Survey) that ONS undertook in order to gauge the levels of general market appetite amongst Suppliers who want to assist ONS with delivery of the Programme. The Survey resulted in engagement with over 500 organisations, with some 300 returning completed forms. The feedback received by ONS from Part 1 is summarised below. Part 2: Specific Part 2 commenced in February and March 2016 with a series of supplier briefings being held to promote the Programme, and will continue through the development of detailed procurement plans. During Part 2, plans for future procurement activity will be presented and Suppliers invited to engage with ONS. More information on Part 2 is contained on page 17. 6.2 Main messages from Part 1: General In November 2015, ONS published a report on the feedback received from the Part 1 activity on the ONS website 4. The main messages contained in the report were as follows: 1. Overall, there were very high levels of market appetite from supplier organisations that wanted to engage with ONS during the development of our procurement plans, and bid for and assist with, delivery of the Programme. This included good levels of interest from SMEs (58 percent of those who responded). 2. The majority of suppliers are fully expected to have to take part in structured (formal) award procedures in order to be selected to work on the Programme. A high majority of suppliers have considerable experience of the restricted, competitive dialogue and framework agreement award procedures. 3. Suppliers demonstrated a good range of experience and competence of working: a. on the delivery of time (or mission) critical programmes; 3 ONS has published materials from the Briefing which can be downloaded and viewed on the ONS website (using the following link): http://www.ons.gov.uk/ons/about-ons/business-transparency/procurement-declarations/census-procurement/index.html 4 A copy of the report is available on the ONS website. 16 Office for National Statistics
b. with differing terms and conditions and forms of agreement (though a number favoured ONS standard terms and conditions); c. with differing means of cost reimbursement and remuneration; d. with KPIs and performance monitoring tools (as a means of performance incentive); e. using differing means of driving and encouraging innovation; f. to assist differing clients with knowledge transfer and related initiatives. 6.3 Aims and objectives for Part 2: Specific ONS will continue with Part 2 engagement activities throughout the development of detailed plans for sourcing the products and services required by the Programme. The information obtained by ONS from Suppliers has been used to influence specific Category Plans, and will be used for detailed procurement strategies. Therefore, the aims and objectives for Part 2 are to: re-engage with the supplier marketplace, as a follow-up to the Part 1 activity through: - procurement specific one-on-one engagements with suppliers, and specific industry days will be held following the launch of each procurement to present the updated Programme plans; notify and inform suppliers of future procurement activity (as-and-when appropriate); re-affirm the good levels of market appetite (seen in Part 1); enable the suppliers to meet with ONS and the Programme in a structured and transparent forum. 7. Next steps and forthcoming milestones ONS is currently progressing development of specific procurement plans prior to seeking approval to formally go to market for the procurement of the goods and services required to deliver the 2017 Test and 2019 Rehearsal, and the 2021 Census. 17 Office for National Statistics
8. Further Notes 8.1 General Supplier s attention is drawn to the following: The information contained in this document is correct at the time of going to print. ONS reserves all rights to amend any, and all, of the information contained within the document at any time either prior to or after, the commencement of any future procurement activity that may, or may not, arise in the future. The information contained in this document is issued for information purposes only, and does not indicate or confirm any future procurement activity, or any individual procurement action. Any dates or milestones contained in this document are indicative only and represent the present understanding of ONS. ONS reserves the right to amend any date or milestone at any time. ONS is a contracting authority, as defined under the 2015 Regulations. Any procurement activity that arises in connection with the Programme will comply with obligations under the 2015 Regulations. This includes imposing conditions (either specifically or in general terms) on a supplier s involvement or continued participation with a procurement activity, so as to protect the interests of ONS, the Supplier, or another supplier organisation. The Exercise is NOT a Pre-qualification Questionnaire (PQQ), (as defined under the 2015 Regulations), and is NOT part of any pre-qualification or selection process. The Exercise is intended to act as an awareness and information gathering exercise offering an opportunity for suppliers to indicate their potential to provide any specified service. This will help with commissioning intentions. An expression of interest by a Supplier in taking part in the Exercise is no indication of a commitment to participate in any tender or procurement process. ONS reserves the right to choose any compliant route to source goods, works and services including but not limited to the use of existing UK Framework Agreements and the Official Journal of the European Union (OJEU). 8.2 Freedom of information 1. ONS is a public authority as defined in Section 4 of the Freedom of Information Act 2000 (as amended) (the FOI Act). As such, ONS is subject to the obligations contained within the FOI Act, and in order to ensure continued compliance with its obligations under the FOI Act, supplier organisations should be aware that any, and all, information received by ONS in response to, or arising from, the Exercise (and / or any future procurement activity) (herein the Information) may be subject to a request submitted by an applicant under the FOI Act. 18 Office for National Statistics
2. ONS hereby reserves the right to disclose details of such Information and / or the processes and outcomes realised from the Exercise; so that ONS may either: comply with the legal, regulatory and public policy requirements; or meet any other duty ONS may have to provide such Information; whether arising from either the FOI Act or any other similar legislation. 3. When considering any application correctly made by an applicant (and correctly received by ONS) in accordance with the FOI Act, ONS will carefully consider its obligations to release any Information it may hold, giving due protection to confidential and / or commercially-sensitive information provided by a supplier organisation. Where a supplier organisation sends information it regards as confidential and / or commercially-sensitive, the supplier organisation must both: clearly identify the confidential and / or commercially-sensitive element(s); and further explain why the supplier organisation considers each of those identified elements to be of a confidential and / or commercially-sensitive nature. 4. Organisations are to note, however, that the routine marking of documents as confidential and / or commercially-sensitive may not be acceptable to the ONS, and the supplier organisation is always required to provide justification for such markings. 5. The supplier organisation should also be aware that receipt by ONS of information marked as confidential and / or commercially-sensitive, or so marked in any other way, does not necessarily imply that ONS accept any duty of confidence by virtue of that marking or markings, nor any obligation not to disclose that information when required to do so under the requirements of the FOI Act. 6. The primary responsibility for decisions whether or not to disclose Information in response to a request under the FOI Act will rest with ONS. However, supplier organisations should be aware that decisions on disclosure under the FOI Act are subject to the jurisdiction of the Information Commissioner, the Information Tribunal and ultimately the Courts; and the final decision as to whether or not to disclose Information in response to a request under the FOI Act may, therefore, rest outside of the control of ONS. 7. More information about the FOI Act and ONS can be found on the ONS website, at: https://www.ons.gov.uk/aboutus/transparencyandgovernance/freedomofinformationfoi 19 Office for National Statistics
For more information Visit our website www.ons.gov.uk/census Email: census2021.transformation.programme@ons.gov.uk Crown copyright 2016