Follow on from FOI-0605-1718 - Thanks for your response. Regarding your request for clarification of point 5 of FOI-0605-1718, please can you provide both Deloitte's response to the invitation to tender and all documentation issued to TfL and its subsidiary companies during the course of the contract? Also, please can you provide the same information, i.e. all ten points of the original request, for the new contract to which you refer in your response to point 9?

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Our Ref:          FOI-1711-1718

Thank you for your request received on 2 October 2017 asking for further information about the contract awarded to Deloitte. I apologise for the delay in my response.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.

These answers refer to TfL contract 93715 and are further to our response provided on 22 September with reference to TfL contract 93510.

You asked:

1. The date on which the contract was awarded.

31 July 2017.

2. The method by which this contract was awarded, e.g. called off under an existing framework contract, by competitive tender or by single source justification.

Competitive Tender (mini-competition) under the Crown Commercial Services Framework – Consultancy One – RM1502.

3. If by competitive tender, the invitation to tender documentation and the names of the competing organisations.

Please see the attached tender document. Please note that in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the DPA, specifically the first principle of the DPA 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 of Schedule 2 of the Data Protection Act 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.

Names of the organisations the bid went out to:

• Actica Consulting
• Atkins Limited
• ATOS IT Services Ltd
• Cap Gemini
• Capita Consulting
• CMC Partnership (UK) Ltd
• Concerto Partners LLP
• Deloitte LLP
• Ernst & Young LLP
• IPL Information Processing Ltd
• KPMG LLP
• Liberata UK Ltd
• Methods Consulting Ltd
• Mott MacDonald Ltd
• Mouchel Management Consulting Ltd
• PA Consulting Services Ltd
• PricewaterhouseCoopers LLP UK
• Quo Imus Ltd
• Thales UK
• The Boston Consulting Group

Bids were only received from Deloitte LLP.

4. The requirements specification for the work to be delivered by this contract.

Please see the attached Invitation to Tender (ITT).

5. The documentation issued to TfL and its subsidiary companies by Deloitte under this contract.

In accordance with the FOI Act, we are not obliged to supply the requested information 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 to Deloitte’s response to the tender as disclosure would be likely to prejudice our commercial interests as well as those of Deloitte. Prejudice would be likely to occur when we go out to tender for this and similar services in the future, because it would be likely to result in a clustering of bids based on how much we are prepared to pay. Disclosing this information could also be prejudicial to Deloitte’s ability to compete for tendering opportunities with us and other companies in the future, as their competitive edge would inevitably be prejudiced by disclosure of detailed information about how they meet the requirements of the ITT as well as 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 we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes. Please note that this exemption applies to the information requested for both the previous and existing contract.

We have interpreted your request for ‘documentation’ as a request for reports issued to us by Deloitte. I can confirm that we do not receive regular reports from Deloitte, therefore we do not hold this information. Through the contract Deloitte provide TfL with Programme Management, Operating Model and Financial Analysis & Reporting resources and expertise to support TfL delivering the Transformation Programme. The Deloitte team are providing support to TfL by providing advice, challenge and access to scarce skills. Although they support the production of deliverables these are all owned by TfL and not Deloitte.

As part of our section 16 duty to provide you advice and assistance, we expect that were you to revise your request to ask for correspondence between ourselves and Deloitte this may mean that your request 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, 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. As stated above and below, the contract requirements focus on Programme, Operating Model and Financial Analysis and Reporting, you may wish to refine your request to information relating to one of these aspects or for TfL reports on these issues.

6. Whether or not any of the work under this contract has recommended headcount reduction. If so, please specify the recommended headcount reductions by TfL subsidiary company, pay band, directorate and department.

The contract requirements focus on Programme, Operating Model and Financial Analysis and Reporting and do not include any scope or remit around Headcount reduction.

7. The number of full time equivalent staff provided by Deloitte to work on this contract.

The core Deloitte resource is seven full-time employees (FTE).

8. Whether or not the contract has expired.

The contract will expire on 30 July 2018.

9. If the contract has expired, whether or not it has been extended or transferred to another contract, such that Deloitte are still engaged in supporting the transformation programme.

Not applicable.

10. If the contract has been extended or transferred, the earliest expiry date of the contract and the revised value band of the contract, i.e. the sum of all contracts in which Deloitte is supporting the transformation programme.

Not applicable.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

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

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
[email protected]

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