Freedom of Information Request - Cockfosters TfL London Underground Depot - Cleshar Contract Services
Request ID: FOI-0564-2223 Date published: 26 July 2022
You asked
I am writing to you under the Freedom of Information Act 2000 to request the following information from TfL’s commercial team. Please may you provide me with:
PDF copies of all Specification of Works / Scope of Works, Tender Process (including invites to tender) & Contracts issued for all vegetation management, ecology and tree work completed between the 1st of Jan 2022 and now by Cleshar Contract Services at Cockfosters TfL Depot.
We are aware that there is currently a large clearance project underway at this location by said contractor that we believe was not put to tender, dependent on the information received and the contents, we may decide to escalate this further if it can be proved that this work was not subject to a competitive tender process.
We answered
Our Ref: FOI-0564-2223
Thank you for your request received on 7 June 2022 asking for information about the work by Cleshar Contract Services at Cockfosters TfL Depot.
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. You asked for:
PDF copies of all Specification of Works / Scope of Works, Tender Process (including invites to tender) & Contracts issued for all vegetation management, ecology and tree work completed between the 1st of Jan 2022 and now by Cleshar Contract Services at Cockfosters TfL Depot
Please find attached the following documents:
• Scope of Works • Purchase Order related to the Works • Invitation to Tender (ITT) for the vegetation contract (contains information on the tender process) • Track Vegetation contract (Vol 1 & 2)
Please note that the vegetation clearance works at Cockfosters form part of the Piccadilly Line upgrade. Asset Performance and Capital Delivery (Track) are responsible (under Construction Design and Management Regulations 2015) for the clearance of site, reconstruction of site for new signalling, civil construction, track layout and finalising the area for train depot works.
1. The works being undertaken are within a safe area however, some are track side and it was deemed safer to use personnel with knowledge of train movement and track side working. Note: 1FM vegetation clear car parks, civil areas, station flower beds. 2. Track tendered and awarded a Vegetation Contract in 2019 compliantly. All vegetation works undertaken by Track are compliant to this contract.
In accordance with the FOI Act, we are not obliged to supply some of the information contained within the Track Vegetation contracts as it is subject to a statutory exemption to the right of access to information under section 43(2) – prejudice to commercial interests.
In this instance the exemption has been applied to detailed cost breakdowns and rates contained within the contract as disclosure would be likely to prejudice our commercial interests, as well as those of the companies concerned. Prejudice would be likely to occur when we go out to tender for this and similar services in the future, because it would be likely to result in a clustering of bids based on how much we are prepared to pay. Disclosing this information could also be prejudicial to Cleshar’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 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 but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.
In addition, in accordance with our 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 of Article 5 of the UK General Data Protection Regulation 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’.
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 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.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
