Request ID: FOI-2169-2324 Date published: 12 October 2023
You asked
There were three tenderers for London bus route 78 and it is awarded to London Central with the new contract starting on the 2nd of December 2023. I would like to know the company names of the other two tenderers. Please let me know as soon as possible.
We answered
TfL Ref: 2169-2324
Thank you for your request received by Transport for London (TfL) on 20 September 2023 asking for information about bus route 78.
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 the information you require. You asked about the following:
There were three tenderers for London bus route 78 and it is awarded to London Central with the new contract starting on the 2nd of December 2023. I would like to know the company names of the other two tenderers. Please let me know as soon as possible.
I can confirm that we hold the information you require. However, this information is exempt from disclosure under section 43(2) of the Freedom of Information Act, the exemption that protects against the prejudicial release of commercially sensitive information. In this case, the exemption applies as release would reveal to the world at large which companies bid for the route and which were unsuccessful with those bids. This would provide an insight into those companies which would be of commercial interest to their competitors.
As a “qualified” exemption, 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, and the fact you have requested the information is in itself an argument in favour of release.
However, in this instance the section 43(2) exemption has been applied as release of the information would be likely to prejudice the commercial interests of those unsuccessful bidders, and enable their competitors to access useful information about them which would potentially reduce the competitiveness of the market. This could ultimately have a bearing on the value for money that TfL is able to achieve in any future such tender. We believe that, in this case, protecting the public purse is of paramount importance.
If this is not the information you are looking for, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely
Jasmine Howard FOI Case Officer FOI Case Management Team General Counsel Transport for London