Request ID: FOI-2435-2223 Date published: 25 January 2023
F/on from FOI-2145
Thank you for your initial response to my Freedom of Information Act request for documents regarding the contract or change order between Transport for London and Cubic Transportation Systems and the total price and number of readers supplied by Cubic under the Hina program.
Regarding the first item in the request, can you not provide me with the contract covering the first phase of the project? Regarding the second item, I asked for “any documents that show” the total price and number of readers supplied by Cubic under the Hina program. This would include estimates for the number of readers and estimated price for the readers supplied by Cubic.
Thank you for your prompt response.
Our ref: FOI-2435-2223/GH
Thank you for your request received by Transport for London (TfL) on 28 December 2022 asking for further information about the Hina program.
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold some of the information you require.
• The contract or change order between Transport for London and Cubic Transportation Systems for Cubic to supply new readers under the Hina reader replacement program. At this time there is no formal contract in place between TfL and Cubic for the provision of the replacement Reader and as such the information held cannot be shared publicly, whether redacted or otherwise. We have an outline commercial baselined defined and subject to other service, performance and delivery standards being agreed, we seek to have the agreement in place in early March 2023. At this stage, we are unable to provide the agreement as it quite simply does not yet exist – it is still in draft form, and releasing this information at this time could adversely impact TfL in the negotiations with Cubic and also serve to adversely impact participants in the Proteus procurement.
• Any other documents that show the total price and number of readers supplied by Cubic under the Hina program, including readers for London Underground gates, London Overground and trams and London buses. Again, the agreement is still in draft form and therefore future commitments have not been made. Therefore, we are not obliged to provide you with the information which is held 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 would, or would be likely to prejudice our commercial interests, as well as those of Cubic. Disclosure of this information could hinder the ability of Cubic to competitively tender for similar contracts in the future as well as hinder TfL’s ability to negotiate the best value for money for similar services in the future.
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.
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
Graham Hurt FOI Case Officer FOI Case Management Team General Counsel Transport for London