According to linked press release TfL ran a competitive tender for a demand response minicab service for Croydon and Sutton. Please provide a copy of the tender / invitation to bid documents, details of how the the invitation to tender was distributed and copies of the responses submitted. https://consultations.tfl.gov.uk/buses/demand-responsive-bus-trial/

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TfL Ref: FOI-3226-1819

Thank you for your email received by Transport for London (TfL) on 26 February 2019.

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:

Please provide a copy of the tender / invitation to bid documents, details of how the invitation to tender was distributed and copies of the responses submitted.

This trial is not a minicab service, it’s a 12 month demand responsive bus trial planned for Sutton, using a 14 seater bus. The trial will operate in a defined area in Sutton, with a potential extension to the boundary of Croydon.

A Market Sounding Questionnaire (MSQ) was issued on 23 March 2018, via the TfL-e-tendering portal and Contracts Finder, available via this link

https://www.contractsfinder.service.gov.uk/Notice/64d2bda2-680e-43df-81fe-f6df1bd0466c, seeking feedback on various elements of a proposed trial, including TfL’s intended scope and objectives, estimated cost and cost drivers, IPR preferences and risks and opportunities. A press release announced issue of this MSQ: https://tfl.gov.uk/info-for/media/press-releases/2018/march/tfl-exploring-whether-a-new-demand-responsive-tfl-bus-service-could-complement-existing-bus-network. The MSQ elicited substantial interest and twenty responses were received by the return deadline of 10 April 2018. The MSQ document is attached.

We followed this up with an Expression of Interest Questionnaire (EoIQ) in May 2018 which was the first stage of the procurement process and was used to shortlist bidders who could meet our core requirements. As with the MSQ the EoIQ was openly accessible to anyone. Evaluation of the EoIQ responses resulted in us shortlisting the highest scoring five bidders to invite to tender. The EOIQ documents are attached. Volume 3 of the EoIQ included in the ITT zip file.

In August 2018, the five shortlisted bidders from the EoIQ process were issued the Invitation to Tender (ITT). The ITT documents are attached.

In accordance with the FOI Act, we are not obliged to supply the bidders’ responses at the present time 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 be likely to prejudice our commercial interests, as well as those of the bidders concerned. We are currently exploring the possibility of delivering a second on-demand bus trial to provide further evidence about the initiative's viability with the bidders from the first trial. To date we have awarded the contract to the first ranked bidder Viavan Go-Ahead and are in negotiations with the second best bidder to progress a potential contract for a second trial.

Disclosure of the responses to the first trial would affect our ability to get best value in the process for the second trial. Prejudice would be likely to occur if we go out to tender for this and similar services in the future, because it would be likely to result in a clustering of bids based on how much we are prepared to pay. Disclosing this information could also be prejudicial to the bidders ability to compete for tendering opportunities with TfL and other companies in the future, as their competitive edge would inevitably be prejudiced by disclosure of their bids.

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 but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

Also, information about fares for the trial has been exempted in accordance with the FOI Act, under Section 22 of the Act. In this instance the exemption has been applied as the information you have requested is intended for future publication. A Mayoral Decision for the fares, in the form of a Fares Direction is currently awaiting approval and is expected to be published in due course.

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 and the particular public interest in disclosure of this information, However in this instance, it is considered that the public interest favours the publication of this information, in context and according to the pre-determined schedule, rather than in response to your request, to ensure the information is provided accurately and in an accessible manner.

Furthermore, 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’.

This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

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

Eva Hextall

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

According to linked press release TfL ran a competitive tender for a demand response minicab service for Croydon and Sutton. Please provide a copy of the tender / invitation to bid documents, details of how the the invitation to tender was distributed and copies of the responses submitted.

https://consultations.tfl.gov.uk/buses/demand-responsive-bus-trial/

Thank you

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