I am writing to request an internal review of Transport for London's handling of my FOI request 'LoHAC Contractor selection process'. Within the document supplied to me under this FOI request is the following statement... Full details of the mechanism for awarding Lots will be given in the Invitation to Tender documents. To ensure best value, the contracting authorities reserve the right to tender, outside of these framework agreements, Did anyone tender outside of these framework agreements? Also may I see a copy of the tender documents? [ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ] A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/lohac_contractor_selection_proce

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TfL Ref: FOI-1595-1819

Thank you for your  request received by Transport for London (TfL) on 7 September 2018 asking for information about LOHAC contractors selection process.

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

Transport for London issued a notice in the Official Journal of the European Union (OJEU) under the reference 2011/S 193-314337 on 5 October 2011. The call for competition was done under the Restricted Procedure in accordance with the Public Contract Regulations 2006. The notice involved the establishment of a framework agreement.

A Pre Qualification Questionnaire (PQQ) was issued to the market following the publication of the OJEU notice to which 11 companies submitted an interest. Following evaluation, ten (10) companies were shortlisted and submitted a tender for consideration. Tenderers who were shortlisted for multiple framework areas were given the opportunity to demonstrate their capacity and capability to deliver multiple lots.

Tenderers successful in qualifying for multiple framework areas, plus those who were shortlisted for a single framework area were then invited individually to submit best and final offers (BAFOs); and at the BAFO stage, evaluation award of framework areas was based solely on which combination of shortlisted tenderers financial submissions offered the best value for London.

Four (4) companies provided the most economically advantageous tender and were successful in securing a Framework contract. The BAFO stage was completed in August 2012 and contracts awarded in November 2012. A Contract Award Notice was published in the OJEU under reference ID:2013-084770 on 25/06/2013.

Specifically in relation to your two questions:

1. ‘Did anyone tender outside of these framework agreements?’

    

   All Employers (the Framework Employer, any TfL Group member or members, any Borough or combination of Boroughs, the GLA, any of the Functional Bodies, any contractor nominated by the  forementioned parties, associations or companies formed by the aforementioned parties, or any combination of such parties utilising this Framework) reserve the right to tender outside of the LoHAC framework agreements, dependent on the requirement in question. Given the range of activities that TfL Surface Transport require, there have been occasions where the LoHAC framework has not been deemed appropriate to deliver work, and an alternative route to market has been pursued.

    

    

2. Also may I see a copy of the tender documents?

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, locating and retrieving it and 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.

We have estimated that it would exceed the cost limit to provide the tender documents as there are over 1000 pieces of documentation.

To help bring the cost of responding to your request within the £450 limit, you may wish to consider narrowing its scope so that we can more easily locate, retrieve and extract the information you are seeking. If you want to refine your request or make a Freedom of Information Act request in future, please bear in mind that the Freedom of Information Act allows you to request recorded information held by Transport for London. You should identify the information that you want as clearly and concisely as you can, specifying the types of document that you are looking for. You might also consider limiting your request to a particular period of time, geographical area or specific departments of TfL.

Although your request can take the form of a question, rather than a request for specific documents, TfL does not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request

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

Yours sincerely,

Melissa Nichols

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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