Request ID: FOI-1183-2324 Date published: 01 August 2023
You asked
Hello I would like to see the eScooter tender results, scoring and assessment criteria of each operators, and their submissions please.
I have concerns about how the winners were selected.
We answered
TfL Ref: FOI-1183-2324
Thank you for your request received by Transport for London (TfL) on 14th July 2023 asking for information about the e-scooter trial tender process. Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“Hello I would like to see the eScooter tender results, scoring and assessment criteria of each operators, and their submissions please.”
I can confirm that we hold the information you require.
The successful bidders were Dott, Lime and Voi.
The scoring for the six bidders was as follows:
1st place bidder = 79.04% 2nd place bidder = 75.63% 3rd place bidder = 74.84% 4th place bidder = 62.31% 5th placed bidder = 50.27% 6th placed bidder = 48.66%
The assessment criteria was set out in the Invitation To Tender document that was issued to interested bidders. The relevant extract is attached.
The tender submissionsreceived from these bidders 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 this 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.
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
