Please could you supply the winner tender response for Liability Claims Administrator TfL Reference Number: TfL 93857 OJEU Reference: 2018/S 036-078585

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Our ref: FOI-0894-1819/GH

Thank you for your request received by Transport for London (TfL) on 3 July 2018 asking for the tender response for TfL’s Liability Claims Administrator.

Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy.

I can confirm that we do hold the information you require. However, we are not obliged to provide you with the winning tender response as it 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 Gallagher Bassett’s commercial interests, as well as those of TfL. The unique tender documents produced by Gallagher Bassett contain significant amounts of their intellectual property, and details of their business model, and releasing this information to their competitors could compromise and prejudice their commercial interests, as well as those of TfL.

The requested documents contain commercial information including:

- Sensitive information relating to pricing

- Sensitive information relating to personnel involved on the TfL account

- Intellectual property relating to claims handling processes and procedures

- Details of internal departments and projects

- Details of specific projects Gallagher Bassett have undertaken for TfL

- Details of Gallagher Bassett’s integrated relationship with their business partners

- Reference to IT systems / procedures

- Details of Gallagher Bassett’s operational structure

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, particularly where the expenditure of public money is concerned, but in this instance the public interest is in ensuring TfL can attract bids from the best companies, and that these companies are able and willing to bid for contracts without their intellectual property being shared. This outweighs the general public interest in increasing transparency of our processes.

The documents also contain a significant amount of personal information regarding Gallagher Bassett’s employees and in accordance with TfL’s obligations under Data Protection legislation this is also exempt from disclosure, 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 you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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