1. can you explain / define ‘call our service’; does this mean employed staff, working shifts or could this include operatives being at home, on standby and who could be called upon to attend work? The stand-by roster suggests there is a difference between ‘24/7’ and ‘standby out of hours’ 2. please define Cat 1 We appear to be referring to differing contracts. You state; 2.0.4.3 The response to defects identified as Cat 1 response requires the defect to be either: a) temporarily repaired within 24 hours; b) permanently repaired within 24 hours; or c) made safe within 24 hours. The choice will depend on two factors: a) the nature of the defect and whether the Contractor can source the plant and materials required for completion of a temporary or permanent repair within 24 hours; and b) an assessment of the overall disruption caused to road users of each of the three options. The contract we possess states: Defects which are identified as Cat 1(ECO) require the deployment of an emergency response unit. Within the stipulated response time, the Contractor shall attend the defect, assess the situation and take appropriate action. Appropriate action shall be the immediate commencement of either: a) a temporary repair; b) a permanent repair; or c) the making safe of the defect. The choice of the most appropriate action will depend on three factors: a) the nature of the defect and whether the emergency response unit attending has the materials necessary to carry out an immediate repair; b) whether specialist advice is needed before deciding on the nature of a repair; and c) an assessment of the overall disruption caused to road users of each of the three options. Further information about Emergency Call Out can be found in Series 3200. 3. please provide a copy of the contract with the clauses.

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Our Ref:          FOI-2618-1718

Thank you for your request received on 12 December 2017 asking for further information about the LOHAC Contract.

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

1. can you explain / define ‘call our service’; does this mean employed staff, working shifts or could this include operatives being at home, on standby and who could be called upon to attend work? The stand-by roster suggests there is a difference between ‘24/7’ and ‘standby out of hours’

    

    

   The call out service includes items such as the control rooms that are required to be permanently staffed, this would be termed as a 24/7 requirement. The items requiring a response within the one/two hour period, depending on the nature of the response, would fall under the category of a standby facility. The Employer has no requirement for this to be staffed 24/7.

    

    

2. Please define Cat 1

    

   Please find the requested information below:

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

   Defect Categories

   Priority
   Response

   Description & Response

   Emergency Call Out

   1

   A defect that poses a level of risk that requires a response within 1 hour to attend the location and commence appropriate action.

   Category 1

   2

   A defect that poses a level of risk that requires rectification by making safe within 24 hours and permanently repaired within 28 days.

   Category 2H

   3

   A defect that poses a level of risk that requires it to be rectified within 7 days of the Project Manager’s approval to proceed, by permanent repair.

   Category 2M

   4

   A defect that poses a level of risk that requires it to be rectified within 28 days of the Project Manager’s approval to proceed, by permanent repair.

    

    

    

3. Please provide a copy of the contract with the clauses.

In accordance with the Freedom of Information Act we are not obliged to provide this information as it is subject to a statutory exemption to the right of access to information under section 43 (2) commercial interests.

In this instance the exemption has been applied as disclosure would be likely to prejudice the commercial interests of us and our suppliers by hindering their ability to operate competitively in the market place for future contracts of this nature. Provision of this information would allow rival bidders and potential clients to have an insight on their pricing structure and manipulate this to hinder the ability of our contractors to conduct their business as competitively as possible. LoHACs are not aware of the rates of other LoHACs.

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, but in this instance we feel that the balance of public interest lies in favour of withholding the information to ensure that future tender processes of this nature remain fair and effective for all parties.

As you are aware, the ICO have also issued a decision notice (FS50693918) regarding the use of section 43(2) to withhold this information.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

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

Yours sincerely

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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