Our Ref:         FOI-2694-1516 / FOI-0216-1718

Thank you for your e-mails asking for information about road repair charging. Please accept my apologies for the delay in my response.

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 hold some of the information you require. You asked:

FOI-2694-1516:
1. I am interested in, for the past year:
a. initial attendance charge following notification of an incident. the cost of attendance
b. resurfacing rates
c. replacement of tcb rates
and wish to be able to compare these across your contractors

As previously advised, TfL employs four area London Highway Alliance contractors (LoHACs) to undertake highway repairs to the sections of highway for which we are the highway authority. All works are undertaken and paid in accordance with the contract and are based on rates and lump sums within the contract. These contractors also provide emergency services to ensure that the highway remains safe. Any emergency works are carried out as part of the lump sum payment to the contractor for any such works up to £1,400 and any works valued above £1,400 would be paid by TfL based on the contract schedule of rates.

As stated in our previous response to your requests for the rates we are charged under LoHAC for these repairs (FO-1706-1516 and IRV-087-1516), this information is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests, as well as those of our contractors. There are other companies who provide similar products and disclosure of the price we currently pay could hinder our contractor’s ability to competitively tender for similar contracts in the future as well as hinder our ability to negotiate the best value for money for similar services in the future.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. Whilst the public interest test will naturally favour the release of information in the pursuit of openness and transparency, when looking at disclosure requests for contractual information we have to be mindful of different commercial risks. These include consideration of the likelihood that if detailed pricing information were disclosed it would likely result in a clustering of bids based on previously negotiated payments when we next go out to tender for the same or similar contracts. The commercial interests of the contractors would be prejudiced by disclosure as they compete with other firms for similar works across the country.

Releasing this information would also be prejudicial to each company’s ability to compete for tendering opportunities with TfL and other companies in the future, as their competitive edge would inevitably be prejudiced by disclosure of a detailed breakdown of their price. The Panel give significant weight to the argument that this contract is not unique, we hold three similar contracts under LoHAC with companies who also compete with other providers for similar contracts with other authorities which come up for tender at different times. The Panel consider that disclosure of the price information you seek would hinder TfL’s ability to obtain best value for public money in future negotiations, and prejudice the commercial interests of suppliers, which in this instance out weighs the public interest in disclosure.

2. please send me the contract for S London and all information relating to the charging of third parties

Please see section 2.24 of the attached Service Information (Common) for the Central LoHAC which refers to third party damage. Please note that this document is the same for all four LoHACs. As stated in our response to FOI-1738-1617, the LoHAC does not provide a provision for the contractor to show TfL the rates it charges to third parties. Therefore we do not hold the information you have requested on the prices charged to third parties or the process they follow when collecting these charges.

Please note that in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) 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 DPA, specifically the first principle of the DPA 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 of Schedule 2 of the Data Protection Act which would make the processing ‘fair’. This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

If the information provided does not satisfy this request at it appears very broad, please provide a more detailed description of the information you are seeking together with any other details you think might help us locate the information you require.

FOI-0216-1718:

You have said The £10k threshold applies to work carried out as a result of 3^rd party damage. The contractor can seek reimbursement from the 3^rd party. The contractor is not obliged to use contractual prices when seeking reimbursement from 3^rd parties.
• how must and do your contractors charge 3rd parties?
• what do you tell contractors
• what do they do
• what can they do - charge anything they want?
• what restrictions are there, what prices can they use?
• please provide the extract from the contract that deals with this

Please refer to our answer to Q2 above and the attached document regarding third party damage. We do not hold the information you have requested on the prices charged to third parties or the process they follow when collecting these charges.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free 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

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]