FOI request detail

Queries on the Crossrail Rolling Stock and Depot Provision Agreement between RfL and Bombardier

Request ID: FOI-0899-1920
Date published: 26 July 2019

You asked

1. Was the Rolling Stock and Depot Provision Agreement (RSDPA) varied or amended at any time after execution of the contract on 18 February 2014? 2. If the RSDPA was varied or amended: a. when was it varied/amended? b. how was it varied/amended – by deed of variation or another contract/letter? c. were the Depot Completion Date(s) varied/amended? d. if so, what were the variations to the Depot Completion Date(s)? e. please provide a copy of the relevant amendments/Deed(s) of Variation or any other agreement recording the changes. 3. Was the term “Bringing into Use” introduced into any variation the RSDPA for any of the Depot Sections? 4. If the term “Bringing into Use” was introduced into any variation or amendment of the RSDPA for any of the Depot Sections: a. when was the Depot certified as ready to be brought into use? b. please provide any relevant certificates. 5. On what date was the Depot deemed usable and safe to operate? 6. Did Bombardier achieve the Depot Completion Date(s) set out in the RSDPA (whether in its original form or as amended/varied)? 7. If Bombardier did not achieve any of the Depot Completion Date(s) set out in the RSDPA (whether in its original form or as amended/varied): a. how long were the delays? b. what caused the delays? c. did RFL grant Bombardier any extension(s) of time with respect to the Depot Completion Date(s) set out in the RSDPA (whether in its original form or as amended/varied)? d. if RFL did grant Bombardier any extension(s) of time with respect to the Depot Completion Date(s): i. How long was the extension of time? ii. Did RFL pay any loss and expense? e. if no extensions of time were awarded, have any liquidated damages been levied against Bombardier under the RSDPA (whether in its original form or as amended/varied)? f. if so, has Bombardier paid the liquidated damages levied? g. if any liquidated damages have been paid by or levied against Bombardier under the RSDPA, what is the total amount of those damages?

We answered

TfL Ref: FOI-0899-1920 

 Thank you for your request received by Transport for London (TfL) on 27th June 2019 asking for information about the Crossrail Rolling Stock and Depot Provision Agreement. 

 Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.

 Specifically you asked: 

 Queries on the Crossrail Rolling Stock and Depot Provision Agreement between RfL and Bombardier: 

 1. Was the Rolling Stock and Depot Provision Agreement (RSDPA) varied or amended at any time after execution of the contract on 18 February 2014?  

 2. If the RSDPA was varied or amended: 

 a. when was it varied/amended? 

b. how was it varied/amended – by deed of variation or another contract/letter?  

c. were the Depot Completion Date(s) varied/amended?  

d. if so, what were the variations to the Depot Completion Date(s)? 

e. please provide a copy of the relevant amendments/Deed(s) of Variation or any other agreement recording the changes. 

 3. Was the term “Bringing into Use” introduced into any variation the RSDPA for any of the Depot Sections?  

 4. If the term “Bringing into Use” was introduced into any variation or amendment of the RSDPA for any of the Depot Sections: 

 a. when was the Depot certified as ready to be brought into use?  

b. please provide any relevant certificates. 

 5. On what date was the Depot deemed usable and safe to operate? 

 6. Did Bombardier achieve the Depot Completion Date(s) set out in the RSDPA (whether in its original form or as amended/varied)? 

 7. If Bombardier did not achieve any of the Depot Completion Date(s) set out in the RSDPA (whether in its original form or as amended/varied): 

 a. how long were the delays? 

b. what caused the delays? 

c. did RFL grant Bombardier any extension(s) of time with respect to the Depot Completion Date(s) set out in the RSDPA (whether in its original form or as amended/varied)? 

d. if RFL did grant Bombardier any extension(s) of time with respect to the Depot Completion Date(s): 

i. How long was the extension of time?  

ii. Did RFL pay any loss and expense? 

e. if no extensions of time were awarded, have any liquidated damages been levied against Bombardier under the RSDPA (whether in its original form or as amended/varied)?  

f. if so, has Bombardier paid the liquidated damages levied?  

g. if any liquidated damages have been paid by or levied against Bombardier under the RSDPA, what is the total amount of those damages? 

 I can confirm that we hold the information you require. However, to provide it would exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.  

 Under section 12 of the FOI Act, we are not obliged to comply with a request if we estimate that the cost of determining whether we hold the information, and then locating, retrieving or extracting it from other information, would exceed the appropriate limit. This is calculated at £25 per hour for every hour spent on the activities described – equivalent to 18 hours work. 

 I can confirm, in answer to question 1, that the agreement has been varied/amended since its initial execution. However, it is estimated that to address your other questions would exceed the 18 hour limit, with a need to identify all potential such variations/amendments and then source the necessary information to answer each subsequent question. 

 To help bring the cost of responding to your request within the £450 limit, you may wish to consider narrowing its scope, or focussing on the information that is of most importance to you, so that we can more easily locate, retrieve and extract the information you are seeking. However, you should note that given the refusal on the grounds of costs we have not considered in detail other exemptions that might apply, and which may indeed be applied to any refined request depending on exactly what information is requested. In particular, section 43 of the FOI Act provides for information to be withheld where it would, or would be likely to, prejudice the commercial interests of the public authority to which the request has been sent or the commercial interests of any third party, and where it would be in the overall public interests for the exemption to apply.

 

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

 Yours sincerely, 

 David Wells 

FOI Case Officer 

FOI Case Management Team 

General Counsel 

Transport for London 

Back to top

Want to make a request?

We'll email you the response within 20 working days.


We'll publish the response online without disclosing any personal information.