FOI request detail

Recent Deep Tube Bid - Tenders submitted P6 Primavera Project Programmes

Request ID: FOI-2037-1819
Date published: 04 December 2018

You asked

Hi, as an experienced P6 Primavera programmer, I would be very interested if I could have access to and view the P6 Programmes (XER's) that were submitted from each tenderer, for the Deep Tube bid. I would be very grateful if you could send me any information. This is purely personal for my own learning as I would be very interested to review the logic, relationships and P6 programme structure and what was finally submitted and presented. I have spent many years as a programmer and would love to see how these works were programmed for this iconic programme! Thank you.

We answered

TfL Ref: 2037-1819

Thank you for your request received by Transport for London (TfL) on 5 November 2018 asking for the P6 Programmes (XER's) that were submitted from each tenderer, for the Deep Tube bid.

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

In accordance with the FOI Act, we are not obliged to supply the 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 as disclosure of the requested information into the public domain would not only undermined TfL’ s ability to obtain best value for money when tendering for the same or similar contracts in the future, but also would likely cause detriment to the bidders ability to competitively operate within the current market if other companies had access to this information. It is highly likely that  tenderers would be reluctant to bid for future projects knowing that their commercially sensitive information may be available to their direct competitors.  

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognize 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.

Additionally this information is also exempt under s41(1) as it was obtained in confidence from a third party and its disclosure would constitute an actionable breach of confidence by that party, by virtue of it being a breach of the terms of the contract under which it was supplied. Section 41(1) is an absolute exemption to the right of access and no further consideration of the public interest is required.

We consider that this information possesses the necessary quality of confidence as it is genuinely commercially sensitive information that was submitted under an explicit understanding that it would be held in confidence.

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

Yours sincerely

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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