Our Ref:         FOI-0399-1920

Thank you for your request received on 7 May 2019 asking for information about Kier.

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:

How many invoices have Kier sent you and others this year?

Kier have sent TfL 12 invoices so far this calendar year. We do not hold information on any invoices they have sent to other organisations.

Are they using the same rates for you and others as for Highways England?

We do not hold this information as we do not know the rates Kier has with other organisations.

What schedule of rates do they use for Damage repairs to the road network?

In accordance with the Freedom of Information Act we are not obliged to provide the schedule of rates as it is subject to a statutory exemption to the right of access to information under section 43(2) commercial interests.

In this instance the exemption has been applied as disclosure would be likely to prejudice our commercial interests, as well as Kier’s, by hindering their ability to operate competitively in the market place for future contracts of this nature. Provision of this information would allow rival bidders and potential clients to have an insight on their pricing structure and manipulate this to hinder the ability of our contractors to conduct their business as competitively as possible. LoHACs are not aware of the rates of other LoHACs.

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 we feel that the balance of public interest lies in favour of withholding the information to ensure that future tender processes of this nature remain fair and effective for all parties.

The Information Commissioner’s Office (ICO) have also issued a decision notice (FS50693918) upholding the use of section 43(2) to withhold this information.

If this is not the information you are looking for please feel free to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

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

[email protected]