TfL Ref: 2551-1617

Thank you for your email received by us on 17 March 2017 asking for a copy of the awarded bid for “ICT11881/4_Lot1-ICT12504”.

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.

Please see link of published contract.  https://www.contractsfinder.service.gov.uk/Notice/fae746ed-b3ad-456e-8c79-6ae0483212c7?p=@NT08=UFQxUlRRPT0=NjJ

Please note that in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) some personal data has been withheld, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the DPA, specifically the first principle of the DPA 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 of Schedule 2 of the Data Protection Act which would make the processing ‘fair’.

In accordance with the FOI Act we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under section 43(2) of the FOI Act.

S43(2)

The withheld information contained detailed figures covering the pricing of this contract that would be likely to significantly impact on our ability to negotiate successfully with suppliers. It is likely that disclosure would negatively affect TfL’s bargaining power in obtaining best value for public money. Release of this information would be likely to put TfL at a disadvantage as suppliers for similar contracts may cluster their bids around the agreed rates. The interests of our supplier would also be prejudiced when bidding for similar work with other organisations.

The use of s43(2) exemption is subject to an assessment of the public interest in withholding the information. Whilst we recognise the need for openness and transparency by public authorities, in this instance the release of the requested information would have a detrimental effect on our ability to secure value for public money as well as the adverse effect on the competitiveness of our supplier in future commercial activity. This detriment outweighs the general public interest in disclosure of the requested information.

If this is not the information you are looking for, or if you are unable to access it for any reason, 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

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London