Request ID: FOI-1185-2425 Date published: 05 August 2024
You asked
The Elizabeth Line operator procurement is currently being ran by TfL. Can TfL please indicate which companies (or groupings of companies) have submitted a statement of qualification and which of these have been invited by TfL to participate in the procurement?
We answered
TfL Ref: FOI-1185-2425
Thank you for your request received by Transport for London (TfL) on 11th July 2024 asking for information about the Elizabeth Line operator procurement. Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“The Elizabeth Line operator procurement is currently being ran by TfL. Can TfL please indicate which companies (or groupings of companies) have submitted a statement of qualification and which of these have been invited by TfL to participate in the procurement?”.
I can confirm that we hold the information you require.
In answer to the second part of your request, this information can be found in the following Press Release published on our website:
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.
In regard to any parties not invited to participate further in the procurement, this information is exempt from disclosure under section 43(2) of the Freedom of Information Act, which relates to information whereby release would, or would be likely to, prejudice the commercial interests of any legal person (including the public authority holding it, or any other party). In this instance we believe release of the information would prejudice both TfL and any unsuccessful party.
As a “qualified” exemption, the use of section 43 is subject to consideration of the ‘public interest test’, to determine whether the greater public interest rests in the exemption applying and the information being withheld, or in releasing it in any event. We appreciate 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, we also believe if the names of unsuccessful bidders were released this would undermine confidence in those companies. This, in turn, may impact upon a company’s decision to participate in future tenders, to the detriment of those procurement exercises. Without the most competitive market possible, TfL may not secure the best value for money in those future tenders, ultimately at the expense of the public purse. We therefore believe that in this instance the greater public interest rests in the exemption applying and the information being withheld. This approach has been agreed by the Information Commissioner before in relation to other, similar requests, as reflected in the following Decision Notice. While the specific details are different, the principles are the same:
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
