Have you any information regarding what requirements CSJV needed when making a bid to be Principle Contractor of Bond street? Would they act as Principal Contractor to any Sub Contractor on that project? Can CSJV legally off load their responsibilities on to their subcontractors? What were CSJV's legal obligations on the Crossrail project at Bond Street? Did all tier 1 contractors need a Supply code of conduct? Can I have information on how Crossrail select tier1 contractors to work for Crossrail/TFL? Can I have a proforma copy of Tier 1 contracts on Crossrail-public works? Crossrail is a public funded project, What was CSJV's standard terms of contractual conditions? Can I have a copy of a proforma copy of CSJV contracts on Bond street, Crossrail?

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Our Ref:         FOI-1918-2021

Thank you for your request asking for information about Crossrail Tier 1 contracts.

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 hold some of the information you require. You asked:

Have you any information regarding what requirements CSJV needed when making a bid to be Principle Contractor of Bond street?

Please see the attached pre-qualification questionnaire (PQQ).

In accordance with the FOI Act, we are not obliged to supply some of the information contained within the PQQ as it is subject to a statutory exemption to the right of access to information under section 43(2) – prejudice to commercial interests.

In this instance the section 43(2) exemption has been applied to the weighting given to each area of the PQQ as disclosure would be likely to prejudice our commercial interests as well as those of potential bidders. Prejudice would be likely to occur when we go out to tender for similar opportunities in the future, as it would show which areas hold more importance and so could give certain companies a competitive edge over other bidders.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

Would they act as Principal Contractor to any Sub Contractor on that project?

CSjv were appointed as Principal Contractor in line with the requirements set out under the Construction (Design and Management) Regulations.
                                               
Upon appointment, CSjv assumed the Principal Contractor role at Bond Street, responsible for planning, managing and monitoring the construction phase. This extended to coordinating activities with the respective sub-contractors and other interfacing parties.

Can CSJV legally off load their responsibilities on to their subcontractors?
What were CSJV's legal obligations on the Crossrail project at Bond Street?

We do not hold this information. While a request can take the form of a question, rather than a request for specific documents, we do 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.

The above questions would require CRL to provide you with legal advice on the interpretation of the CDM Regulations or legal/contractual obligations, which CRL is not authorised to do. 

Can I have information on how Crossrail select tier1 contractors to work for Crossrail/TFL?

Please also refer to the pre-qualification questionnaire for the criteria used to select tier1 contractors.

Can I have a proforma copy of Tier 1 contracts on Crossrail-public works?

The standard works Contract form is an amended NEC3 Engineering and Construction Contract (ECC) – using Option C Target Contract with Activity Schedule.

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) – prejudice to commercial interests. In this instance the exemption has been applied as disclosure of the information you have requested could prejudice the commercial interests of the Institution of Civil Engineers.

The NEC3 Engineering and Construction Contract (ECC) is copyright protected to Institution of Civil Engineers and a licence is paid for its use. Disclosing a copy of the NEC contract would mean that the revenue obtained from these sales would no longer be generated. You can purchase a copy directly from the ICE.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities but in this instance the public interest in ensuring an organisation’s ability to maintain their own revenue streams outweighs the general public interest in increasing transparency of our processes.

Can I have a copy of a proforma copy of CSJV contracts on Bond street, Crossrail?
Did all tier 1 contractors need a Supply code of conduct?

Please see our above response regarding pro forma contracts. We have attached an extract of the Bond Street (C412) contract. Annexure 10 contains a prescribed form of subcontract for use by CSjv.

In accordance with the FOI Act, we are not obliged to supply some of the information contained within the contract as it is subject to a statutory exemption to the right of access to information under section 43(2) – prejudice to commercial interests.

In this instance the exemption has been applied as disclosure would be likely to prejudice our commercial interests. Disclosure of this information could impact our ability to negotiate with future contractors as it would reveal a detailed breakdown of our pricing and costs.

As stated above, 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.
 
In addition, and in accordance with our obligations under Data Protection legislation 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 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.

What was CSJV's standard terms of contractual conditions?

We do not hold this information. The CSjv may have had standard terms of contractual conditions in use at Bond Street. Generally, CSjv was not required to submit individual subcontracts to the Project Manager for acceptance unless CSjv used a different form of subcontract or amended the form set out in Annexure 10. 

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.

If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.

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

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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