TfL Ref: 2169-2324
Thank you for your further email received by Transport for London (TfL) on 13 October 2023 asking for information about bus route 78, following your previous request for information, TfL Ref: 2169-2324.
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. You asked about the following:
The reason I asked for this information is to find out if the current operator, Arriva, had bid for the route 78. Since you can't tell me the names of the two companies with the unsuccessful bids, can you tell me if Arriva isn't one of these two companies?
Again, we must reiterate that this information is also 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 or did not bid for this route of interest, 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 those that chose not to apply for this contract for whatever reason, 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
