TfL Ref: FOI-0889-2324
Thank you for your request received by Transport for London (TfL) on 21st June 2023 asking for information about the E-scooter ITT stage 2 submissions and scoring.
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. Each specific request for information is addressed in turn below:
Question 1 - All proposal submissions concerning responses to Appendix 4 (questions 1A through 10J) of the Electric Scooter Rental Trials Phase 2 Invitation to Tender dated 6 December 2022 (TfL Document Reference Number: tfl_scp_002315_itt_vol_1_ITT), except submissions by Bird Rides UK;
Answer: I am afraid that the requested information is exempt from release under sections 41 (information provided in confidence) and section 43(2) (prejudice to commercial interests) of the Freedom of Information Act. The rationale for this is explained below.
The bidders have indicated in their Reserved Information Forms that the requested information is confidential, and that release would harm their commercial interests, hence triggering the exemptions cited above. TfL agrees with this. Note that release of information under FOI is considered to be to the world at large rather than the individual applicant. Disclosure of these submissions would make aspects of the business models of these bidders public knowledge, including to their competitors. This would hinder the ability of these companies to compete for similar contracts in the future. By extension, this would also hinder TfL’s ability to negotiate the best value for money for similar services in the future, by reducing the pool and competitiveness of such tenders.
Section 41 is an ‘absolute’ exemption, meaning that if the exemption is engaged there is no further consideration required. Section 43(2) is a “qualified” exemption, meaning its use is subject to an assessment of whether the greater balance of public interest rests in it applying or not. TfL recognises the need for openness and transparency in the operation of our business, and the fact you have requested the information is in itself an argument in favour of release. However, in this instance we believe that the balance of public interest lies in favour of withholding the requested information to ensure that our tender processes remain as competitive as possible, therefore enabling us to obtain best value for public money in awarding such contracts. Furthermore, given the fact that the information has been provided to TfL in confidence, releasing it under FOI would open TfL up to legal action for a breach of confidence, at a cost to the public purse. For these reasons we believe the overall balance of public interest rests in the exemption applying.
2- Any scoring or evaluation records used in the evaluation process for the Electric Scooter Rental Trials Phase 2 Invitation to Tender;
Answer: The scores and the rationale for the scores used in the evaluation process are recorded in the ‘AWARD’ system. TfL also created an excel spreadsheet which recorded the bidders weighted consensus scores and Pass/Fail scores.
On 20 June 2023 TfL provided Bird Rides UK with details of its scores as well as the scores of those tenders place 1st, 2nd, and 3rd, together with a summary of the characteristics and relative advantages of the successful tenderer’s responses. In accordance with section 21 of the Freedom of Information Act, we are not required to provide you with a further copy of this information as it is already readily accessible to you by other means.
The 4th place bidder scored 62.31% and the 5th placed bidder scored 50.27%. The rationale for the scores used in the evaluation process for bidders other than Bird Rides UK includes details of the bidders’ proposal submission responses which is commercially prejudicial information, for the same reasons as outlined in answer to Question 1 above. Please now find attached the more detailed evaluation reports in relation to Bird Rides UK only. This information will not be published with the FOI response. Note also that the names of TfL staff have been redacted under section 40(2) of the Freedom of Information Act, the exemption that protects against the unfair release of personal data.
3 - Any and all notes or documents (electronic and handwritten) related to the selection, scoring, or reconsideration of any permit in connection with the Electric Scooter Rental Trials Phase 2 Invitation to Tender, including specifically, without limitation, the instructions given to anyone with responsibility for scoring proposals, if/how to apply criteria for scoring applications, instructions on discretionary and non-discretionary scoring, and the individual scores for each proposal;
Answer: All evaluators were provided with the scoring criteria as included in the ITT documents, which are already in your possession. In accordance with section 21 of the Freedom of Information Act, we are not required to provide you with a further copy of this information as it is already readily accessible to you by other means. No further instructions were provided to evaluators for the ITT stage.
4 - Any other documents relating to TfL's evaluation process for the Electric Scooter Rental Trials Phase 2 Invitation to Tender.
Answer: It is unclear exactly what is meant by “any other documents relating to TfL's evaluation process”, which potentially has an extremely broad scope. If you specify what further, specific information is required then that can be treated as a new request and considered accordingly.
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
