A List of Provisions B Commercial Prejudice that would be caused to BT by disclosure
SERVICE PROVISION AGREEMENT
Paragraph 9.8: Liquidated damages These limits have been individually negotiated. If they are released BT's commercial position will be prejudiced.
Paragraph 19.4: Interest This figure has been individually negotiated and, if released, would give BT's competitors commercial advantage.
Paragraph 22: Audit Access This section refers to the terms of audit access which, if released would prejudice BT's commercial position.
Paragraph 34: Termination in respect of a Service Element This section refers to the termination in respect of one or more Service Elements of the contract, the terms of which, if released, would prejudice BT's commercial position.
Paragraph 39: Voluntary Termination This section refers to voluntary termination, the terms of which, if released, would prejudice BT's commercial position.
Paragraph 40: Calculation of charges and payment terms applicable on termination This section refers to the calculation of charges and payment terms applicable on termination, the terms of which, if released, would prejudice BT's commercial position.
Paragraph 43: Limits of Liability The specific limits of liability have been redacted as to release them could materially influence other contracts, negotiations and bids that BT are involved in.
SCHEDULE 2: ICT SERVICES
Table 1 Section 4.3: ICT Service Levels y part These service levels have been individually negotiated and releasing them would prejudice BT's ability to compete with other service providers.
Section 5: Service Improvement Activities This section contains details of service improvement activities which have been individually negotiated. Releasing it would prejudice BT's ability to compete with other service providers.
Section 6: Service Credit Scheme This section contains details of the service credit scheme which has been individually negotiated. Releasing it would prejudice BT's ability to compete with other service providers.
SCHEDULE 3: LIVERPOOL DIRECT SERVICE
Section 1.3: Development Targets and service levels in paragraphs 1.3.3, 1.3.6 & 1.3.7 have been redacted as they were subject to specific negotiations and would prejudice BT's commercial position if they were released.
Section 3: Service Specification The service specification details the methodology and approach BT takes to providing service on these types of contracts. It would prejudice its commercial position if this were released.
Section 4: Service Performance This section contains details of the service performance levels which have been individually negotiated. Releasing it would prejudice BT's ability to compete with other service providers.
Section 6: Service Credits, Step In and Default As with the limits of liability, the section related to service credits, step in and default has been redacted as to release it could materially influence other contracts, negotiations and bids that BT are involved in.
Section 7.1: Key Service Improvement Projects Specific service targets and mention of third parties have been redacted as these were specifically negotiated as part of this contract and to release them would prejudice BT's commercial position.
SCHEDULE 4: REVENUES AND BENEFITS
Section 4.6: Council Tax Service This section contains details of the service performance levels and targets related to Council Tax which have been individually negotiated. Releasing it could, as with the limits of liability, materially influence other contracts, negotiations and bids that BT are involved in.
Section 4.7: Non Domestic Rates This section contains details of the service performance levels and targets related to Non Domestic Rates which have been individually negotiated. Releasing it could, as with the limits of liability, materially influence other contracts, negotiations and bids that BT are involved in.
Sections 4.8 - 4.16: Housing Benefits and Council Tax Benefits Assessment; Housing Benefits and Council Tax Benefits Appeals; Housing Benefit and Council Tax Benefit Overpayments (Recovery); Benefit Fraud; Cashiering; Collection of Residual Community Charge; Publicity and Take Up; Customer Service; Mailroom Service These sections contain timescales by which BT aim to meet targets related to services within Revenues and Benefits. To release this would prejudice BT's commercial position against its competitors.
Section 6: Service Credits, Authority Step-In and Contractor Default This section contains details of targets related to Service Credits, Authority Step-In and Contractor Default which, if released, could prejudice BT's commercial position in future negotiations.
SCHEDULE 5: HR AND PAYROLL SERVICES
Section 3.2, table A This table shows the amount BT will charge for the number of staff. To release this would prejudice BT's commercial position against its competitors.
Section 3.2, paragraphs a & b The release of the redacted figures in these paragraphs would prejudice BT's commercial position against its competitors
Section 4: Service Level Performance and Improvement This section contains the individually negotiated service level agreement which, if released, would prejudice BT's commercial position against its competitors.
Section 5: Service Credits, Step In, Defaults and Incentives Scheme This section contains the individually negotiated service credit regime which, if released, would prejudice BT's commercial position against its competitors.
SCHEDULE 6: CHANGE
Section 5: Performance This section contains the individually negotiated service response times which, if released, would prejudice BT's commercial position against its competitors.
SCHEDULE 7: SERVICE PERFORMANCE AND CREDITS This schedule contains the actual service levels and principles underlying them together with compensation levels if they are not met. If released it would prejudice BT's commercial position against its competitors.
SCHEDULE 8: THE MONITORING PERIOD This schedule contains some time frames relating to the monitoring period which have been individually negotiated and, if released, would prejudice BT's commercial position against its competitors.
SCHEDULE 10: AUTHORITY RESPONSIBILITIES Annex 1 contains details of third party agreements which have been novated and which, if released, could prejudice commercial relationships with those companies under the terms of the contract.
SCHEDULE 12: EXIT
Section 7: Charges This schedule contains the means of calculating charges which, if released, would prejudice BT's commercial position against its competitors.
SCHEDULE 14: CHARGES, INVOICING AND THE ANNUAL REVIEW PROCESS This schedule contains the detail of how much BT is charging for its services under the contract. This is extremely sensitive information which, if released, would severely prejudice BT's commercial position against its competitors.
SCHEDULE 15: RIGHTS TO USE AUTHORITY ASSETS
Annex 1 & Annex 2 These annexes contain details of third parties and their agreements which, if released, could prejudice commercial relationships with those companies.
SCHEDULE 16: AUTHORITY OCCUPIED PREMISES
Annex 1 This annex contains information which, if released, could prejudice BT's commercial position.
SCHEDULE 20: DISCLOSED DOCUMENTS Names of individual BT staff have been redacted in accordance with section 40 of the FOIA which protects personal information. This is also in accordance with the principles of the Data Protection Act 1998.
SCHEDULE 21: TERMINATION PAYMENTS This schedule contains the detail of termination payments applicable under the contract. This is sensitive information which, if released, would prejudice BT's commercial position against its competitors.
SCHEDULE 24: SCOPE AND DEFINITION AND INVESTMENT FUNDING PROCESS
Investment Strategy - Cost Analysis table This table contains details of BT's proposed investment strategy relating to the contract. If released this would prejudice BT's commercial position.
JOINT VENTURE AND SHAREHOLDERS AGREEMENT
Sections 1.1 & 6.1 Three figures have been redacted; these are either internal credit or funding arrangements that have been individually negotiated and, if released, would prejudice BT's commercial position.
Sections 15.4 & 15.5 This section refers shareholding rights in the company which, if released, would prejudice BT's commercial position.
Section 15.7 The final sentence and formula in this section refers shareholding rights in the company which, if released, would prejudice BT's commercial position.
Section 20 This section refers to ongoing trading matters which, if released, would prejudice BT's commercial position.
Schedule 4: Matters concerning the consent of the “A” Shareholder This schedule refers to the company and shareholder responsibilities which, if released, would prejudice BT's commercial position.
Appendix 1: The Business Plan & Annex 1 Business Plan: Issue: Final Draft Date: 13th July 2001. The Business plan contains extremely sensitive information which, if released, would severely prejudice BT's commercial position against its competitors.
|