Request
I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.
Confidential Waste
The details I require are:
• Has confidential waste being procured via tender or framework or another means?
• If a framework, could you confirm the name of the framework please?
• Actual contract values of each framework/contract (& any sub lots)
• Start date & duration of contract
• Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
• Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
• Who is the procurement officer responsible for this contract and could you provide their email address and phone number please?
Who is the senior officer (outside of procurement) responsible for this contract and could you provide their email address and phone number please?
• Who is the current supplier?
• If your current supplier is a Facilities Management/Waste/Cleaning Company, which sub-contractor services your organisation?
Outcome
Some information provided.
Response
• Has confidential waste being procured via tender or framework or another means?
This service is provided as part of our wider Facilities Management contract
• If a framework, could you confirm the name of the framework please?
Crown Commercial Service Facilities Management Framework
• Actual contract values of each framework/contract (& any sub lots)
Information on this contract can be found at: https://www.contractsfinder.service.gov.uk/notice/87bd779a-ee9d-44d7-a6dd-765b9b0344f1?origin=SearchResults&p=1
• Start date & duration of contract:
Start Date: 01/01/2017 End Date: 31/12/2023
• Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
Yes. The extension options have already been taken out (to December 2023).
• Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
The extension options have already been taken out (to December 2023).
• Who is the procurement officer responsible for this contract and could you provide their email address and phone number please?
Darren Austin, Head of Procurement, Project Delivery & Contract Management
T: 020 3908 9023
Darren.Austin@nationalarchives.gov.uk
• Who is the senior officer (outside of procurement) responsible for this contract and could you provide their email address and phone number please?
Mark Newman, Head of Estates & Facilities
T: 020 3908 3658
Mark.Newman@nationalarchives.gov.uk
• Who is the current supplier?
Bouygues E&S.
• If your current supplier is a Facilities Management/Waste/Cleaning Company, which sub-contractor services your organisation?
This information is withheld under Section 43(2): Commercial Interests
EXPLANATORY ANNEX
Exemptions applied.
Section 43(2): Commercial Interests
This section exempts information whose disclosure would be likely to prejudice the commercial interests of any person. In this case, the exemption applies because release would prejudice the commercial interests of both BYES and The National Archives.
Section 43(2) is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and the information must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
The public interest test has now been concluded and the balance of the public interest has been found to fall in favour of withholding information covered by the section 43(2) exemption.
Considerations in favour of the release of the information included The National Archives’ commitment to openness and transparency in its commercial activities, to allow public scrutiny and to demonstrate that public funds are being used in an efficient and effective way. Furthermore private sector companies engaging in commercial activities with the public sector must expect some information about those activities to be disclosed.
Considerations against disclosure included the recognition that disclosure is likely to provide information to direct competitors within the market that would create an imbalance and a commercial advantage to those competitors. Furthermore disclosure of this information is also likely to affect The National Archives’ ability to negotiate contracts in the future and consequently generate revenue from non-public funds. It is also considered that disclosure would be likely to deter potential bidders for future contracts from competing and sharing commercially sensitive information with us.
As such, release of this information is seen to prejudice the commercial interests of both BYES and The National Archives. This would outweigh any benefits of release. It was therefore decided that the balance of the public interest lies clearly in favour of withholding the material on this occasion.
Further guidance on the application of this exemption cab be found here:
https://ico.org.uk/for-organisations/foi-guidance/section-43-commercial-interests/.