TfL Ref: FOI-1746-2324
Thank you for your request which we received on 24 August 2023, asking for a list of contractors who are tendering for Elephant and Castle station, Stage 1 works.
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.
However, the procurement for the works is currently in progress, at an Invitation to Tender (ITT) stage, and the names of the tenderers are commercially confidential.
Therefore, in accordance with the FOI Act, we are not obliged to supply you with the requested information as it is subject to a statutory exemption to the right of access to information under section 43(2) - commercial interests.
In this instance the section 43(2) exemption has been applied as disclosure of the information you have requested is likely to prejudice our commercial interests and the commercial interests of the tenderers for this contract which is still a live tendering process. Disclosure of their names would disadvantage the tendering companies in their ability to participate in this and future competitive bidding processes for similar contracts with other organisations, as well as hindering TfL’s ability to negotiate the best value for money for similar services in the future. Other competitors would be able to get an insight into their business and obtain data about them, which they could use to compete against them.
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, particularly where the expenditure of public money is concerned, 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 see the attached information sheet for details of your right to appeal.
Yours sincerely
Eva Hextall
FOI Case Management Team
General Counsel
Transport for London
