Freedom of information response
Highways Term Maintenance Contract
1) What are the contractual performance KPI's for this contract?
2) Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages
3) Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date
4) Start date & duration of framework/contract?
5) Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?
6) Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
7) Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
8) Who is the senior officer (outside of procurement) responsible for this contract?
1. What are the contractual performance KPI's for this contract? The KPI’s are based around programming, finance, safety and invoicing
2. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages
In issuing our response the Council has applied S43 of the Freedom of Information Act. Information is exempt information if its disclosure under this Act would, or would be likely to prejudice the commercial interests of any person (including the public authority holding it). A commercial interest relates to a person’s ability to successfully participate in a commercial activity, i.e. the purchase and the sale of goods or services. The reasons for this have been captured below under the public interest test section.
3. Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date. Approximate spend £34 million
4. Start date & duration of framework/contract? Start date April 2017 – 6 years Contract
5. Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised? Please see attached
6. Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension? 2 year extension
7. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed? Yes
8. Who is the senior officer (outside of procurement) responsible for this contract?
Unfortunately we are unable to provide in full the information you have requested. We do hold the information but an absolute exemption applies. Personal Information (Section 40,2)
Personal data of any other person (third party data) is exempt under section 40(2) if disclosure would breach one of the data protection principles. This aspect of Section 40 is an Absolute Exemption and is therefore not subject to the Public Interest Test.
The names of officers working for the Council is personal data specific to them. It is therefore subject to the provisions of the Data Protection Act. Information can be withheld if its disclosure would be likely to breach one or more of the Principles of the Data Protection Act. There is no prior expectation on the part of team Managers (or other officers working below the level of Director) that their names and job titles / positions would be published into the wider public domain under FOI. A disclosure made under FOI constitutes a publication to the world at large. We believe that to disclose this would be likely to breach the first Principle of the Data Protection Act by unfairly contravening their right to privacy and confidentiality in the work place.
Public Interest Test:
The council have considered the public interest test in relation to section 43 (2) in releasing the information in scope of your request. The outcome of this is below.
- Public interest in disclosure:
- Accountability for spending of public money. Where a public authority is purchasing goods/services there is a public interest in ensuring value for money is achieved.
- Public interest to maintain the exemption:
- Releasing names of tenders could influence future procurement activity.
- Releasing the names of unsuccessful tenders could put them at a commercial disadvantage and could damage their prospects for future tender opportunities.
Based on the above, it is the Council’s view that there is a stronger public interest to maintain the use of the exemption for section 43 (2).
You are free to use any information supplied to you for your own use, including non-commercial research purposes. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.
Where the copyright is owned by Thurrock Council, you must apply to the Council to re-use the information. Please email firstname.lastname@example.org if you wish to re-use the information you have been supplied. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.
If you are dissatisfied with the way in which the council have managed your FOI request you can pursue an Internal Review by contacting us using the above email address. Your request will be considered by a senior member of the Information Management Team who will update you with the outcome of the review.
If you remain unhappy following the outcome of your Internal Review you may wish to refer your case to the Information Commissioner’s Office (ICO) and details of this organisation can be found at www.ico.org.uk . Please be advised that the ICO will not consider your case until they have confirmation that you have already been through the Internal Review stage with the council.