FOI request detail

Re: Bechtel contract

Request ID: FOI-0391-1920
Date published: 31 May 2019

You asked

I refer to the recent FOIA Request (ID: FOI-1824-1819) published on 7 February 2019 under the title "Bechtel contract". Your response includes the statement "please find attached the information you requested". No attachment has been published on TFL's website alongside TFL's response to this question. I assume this is an error, as other responses published by TFL that refer to attachments include attached information at the bottom of the response. 1) Please provide the information that was provided to the requester of Request ID FOI-1824-1819 (that I assume was intended to be published on TFL's website with the response); and 2) If there have been any updates, supplements, amendments or addendums to the Project Delivery Partner contract between Bechtel Ltd and Crossrail Limited signed in 2009 since its execution, please provide copies. As per the original request, a small amount of material may need to be redacted, but I anticipate that most can be provided in full. If you encounter practical difficulties in complying with this request, please contact xxxxx Please acknowledge receipt of this request.

We answered

TfL Ref: FOI-0391-1920

Thank you for your request received by TfL on 7th May 2019 asking for a copy of the contract issued in response to a previous FOI case, referenced FOI-1824-1819, and any subsequent updates, supplements or amendments.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require.

The documents that were provided in response to the original FOI request you reference have now been published online. They can be found via the following link:

The attached documents are provided in response to the second part of your request. Note that where redactions have been made this has been done on the same basis as for case ref FOI-1824-1819: section 43(2) applies where information is commercially sensitive. Disclosing this information would prejudice our commercial interests as it would be likely to prejudice our ability to conduct future negotiations with commercial partners for this and other projects. The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities, particularly with regard to the use of public assets, but in this instance the public interest in ensuring that TfL is able to obtain the best value from public assets outweighs the general public interest in increasing transparency of TfL’s processes. Further, 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 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,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London


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