Request ID: FOI-1568-2324 Date published: 07 September 2023
You asked
Please provide a copy of the contract between Crossrail Limited and the supplier that provided the Platform Edge Doors on the Crossrail (Elizabeth Line) Project.
On the basis that the contract was based on the standard New Engineering Contract ("NEC") please ensure that the following are provided:
Form of Agreement
Main Terms and Conditions
X, Y and Z clauses
Contract Data Part One
Contract Data Part Two
Note: Please do not provide the Site/Project/Works Information
We answered
TfL Ref: 1568-2324
Thank you for your request received by Transport for London (TfL) on 11 August 2023 asking for information about the contract between Crossrail Limited and the supplier that provided the Platform Edge Doors on the Crossrail (Elizabeth Line) Project.
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.
Please see attached as requested.
As above, in accordance with the FOI Act, we are not obliged to supply some of the pricing information contained within the contract 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 be likely to prejudice our commercial interests, as well as those of the companies concerned. Disclosing this information would be prejudicial to the contractors’ ability to compete for tendering opportunities with TfL and other companies in the future, as their competitive edge would inevitably be prejudiced by disclosure of a detailed breakdown of their price.
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 but in this instance the public interest in ensuring that Crossrail/TfL are able to obtain the best value for public money outweighs the general public interest in increasing transparency of this particular aspect of our contractor relationships.
In addition, in accordance with our obligations under Data Protection legislation some information has been withheld from the attached correspondence, 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 of Article 5 of the General Data Protection Regulation 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’.
This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
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
Sara Thomas FOI Case Management Team General Counsel Transport for London
