FOI request detail

Copy of TfL 94458 Freight Training Delivery contract

Request ID: FOI-0179-2122
Date published: 01 June 2021

You asked

F/O from 0025-2122 In regards to my recent FOI request I have received in response to question 3 a link to a number of websites. Thank you for your reponse, however I require a copy of the contract rather than the tender/award notice. If the requested information is contained available online, would you, please forward me the link? I also as requested wish to see the financial information included within the contract, I do not feel there is any commercially sensitive information contained within the contract as the contract is several years old.

We answered

TfL Ref 0179-21/22 Thank you for your request received by Transport for London (TfL) on 25 April 2021 asking for a copy of the contract (with costs) for the TfL 94458 Freight Training Delivery Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require. There are two providers – Fleet source UK Ltd and DriveTech UK Ltd - who were awarded a place on the framework, with the same agreement for both. Copies of the contracts are attached. The Framework agreement commenced July 2019 for a term of 2 years with an option to extend for a further 1+1 years. Currently the earliest re-tender date is estimated to be January-March 2022 and the latest January-March 2023, however this may be subject to change. In accordance with the FOI Act, we are not obliged to supply some of the pricing information in the contracts as it is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the exemption has been applied as disclosure of this information is commercially sensitive as if it’s disclosed, it would be likely to prejudice both ours and the providers’ commercial interests. Releasing this information would give competitors an unfair competitive advantage which may cause harm to the providers’ existing business and future opportunities, as well as hinder our own ability to negotiate the best value for money for similar services in the future; these are live contracts. The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes. Please note that in accordance with TfL’s obligations under Data Protection legislation some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’. If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation. If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me. Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed. Yours sincerely Sara Thomas FOI Case Management Team General Counsel Transport for London

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