FOI request detail

Freedom of Information request - Tender documents

Request ID: FOI-2460-1819
Date published: 23 May 2019

You asked

Dear Transport for London, I would like the procurement strategy, specification (scope), invitation to tender (itt) including commercial documents and any related Annex’s and appendices for the programme partner and delivery partner stages of Crossrail and Crossrail 2. I don’t want the supplier responses just the documents that was produced when the tenders were advertised. The tender documents are usually saved for x period of time for audit purposes and are stored on your procurement portal used to advertise these opportunities e.g. on bravosolutions, in-tend etc. So there should be no issue accessing the documents. I would like an urgent response.

We answered

TfL Ref: FOI-2460-1819

Thank you for your request received by Transport for London (TfL) on 16 December 2019. I apologise for the delay in replying to you.

Your request has been processed in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold some of the information you requested. You asked:

I would like the procurement strategy, specification (scope), invitation to tender (itt) including commercial documents and any related Annex’s and appendices for the programme partner and delivery partner stages of Crossrail and Crossrail 2. I don’t want the supplier responses just the documents that was produced when the tenders were advertised.

Please find attached the information you requested for Crossrail.

In accordance with the FOI Act, financial contractual agreement information for has been redacted as it is subject to a statutory exemption to the right of access to information under section 43(2).

In this instance the exemption has been applied as disclosure of the information you have requested would be likely to prejudice our commercial interests. Disclosing financial contractual agreements would be likely to prejudice our commercial interests as it would be likely to adversely affect the revenue we obtain through our future negotiations with commercial partners.

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, particularly where the use of public assets, but in this instance the public interest in ensuring that TfL is able to obtain the best value from public assets, outweighs the general public interest in increasing transparency of TfL’s processes.

Further, please note that in accordance with TfL’s 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 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’.

We do not hold the information requested for Crossrail 2 as we have not yet begun the procurement for the programme.

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

Yours sincerely

Melissa Nichols

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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