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Enquiries to: Wendy Twigge Your Ref: Our Ref: WT/FOI/35663 |
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Mr J Todd |
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By email |
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Date: 1st October 2008 |
Dear Mr Todd
Re: FOI 35663
Thank you for your request for information which has been processed under the Freedom of Information Act 2000 and may I apologise for the delay in reply.
In your request, you specifically requested the following information:-
A copy of the spreadsheets provided by IPS Services to their paying customer (the council), in their original electronic format for the months of January to June 2008.
In response to your request, I am able to provide the following information:-
Liverpool City Council does not receive invoices from IPS Services in an electronic format, nor does its partner 2020 Liverpool.
The only invoices which are received are received in a hard copy format and which for your reference I have scanned in and attached with this response.
Unfortunately, the invoices have been subject to redaction. The information which has been removed is information which relates to the individual rates per property and which is of commercial interest.
This information is exempt from disclosure by virtue of section 43 of the Freedom of Information Act 2000. The reason for the application of this exemption is that the release of this information is likely to prejudice the commercial interests of any person. (A person may be an individual, a company, the public authority itself or any other legal entity.)
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The underlying motive for these transactions is that we obtain a service and the company providing that service obtains recompense (and usually profit) for the provision of that service.
In considering the test of prejudice I have considered whether the release of this information would or would be likely to harm, someone's commercial interests. In considering this the harm would be to both the contractor and also Liverpool City Council. This contract is at present due to be tendered for and to identify the specific amounts paid previously could have a significant effect on the possible figures and costs offered to Liverpool City Council in respect of this work effecting the ability to negotiate the best possible price for the work being tendered for.
This commercial activity is carried out in a competitive environment and if the information where to be released this would harm both IPS Services and also Liverpool City Council effecting their ability to operate in the competitive environment and negotiate the best terms/prices for ongoing or future tenders or contracts. This would have an adverse effect on Liverpool City Council at this present time as the release of the information would prejudice the bargaining position within the market place by identifying unit costs this causing Liverpool City Council to be disadvantaged by disclosing information which could effect the budget requirements and significantly effecting the public purse.
There is a public interest in ensuring that companies are able to compete fairly. There is also a public interest in ensuring that there is competition for public sector contracts. The increase in the costs, being a disadvantage to the tax payer and pubic and therefore the public interest in maintaining the exemption outweighs that of disclosure due to the imminent tendering process for this service.
As we have applied an exemption to elements of the information which you have requested, we are required to serve you with a refusal notice also known as a section 17 notice. Please treat this letter as such a notice.
Section 17 Notice
The City Council will consider appeals, referrals or complaints in respect of your Freedom of Information Act 2000 request under the first stage of the Have Your Say Scheme. You can either complete a form on-line at our website - http://www.liverpool.gov.uk/feedback_form/index.asp or you can complete a form at any One Stop Shop or Library. Alternatively, you can write to us at Liverpool Direct, Freepost, NWW 3400A, Liverpool L1 3ZZ. Your complaint/appeal/referral will be investigated by a different senior officer within ten working days.
If you remain dissatisfied you may also apply to the Information Commissioner for a decision about whether the request for information has been dealt with in accordance with the Freedom of Information Act 2000.
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The Information Commissioner's website is www.ico.gov.uk and the postal address and telephone numbers are:-
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Fax number 01625 524 510, DX 20819, Telephone 01625 545745. Email - mail@ico.gsi.gov.uk (they advise that their email is not secure.
Yours sincerely
Miss W Twigge
Information Manager
Encs - IPS Invoices
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Liverpool City Council
Michael Kenworthy Acting City Solicitor Resources Directorate, Legal Services
Municipal Buildings, Dale Street, Liverpool, L69 2DH
tel: 0151 225 3132 fax: 0151 225 2392 email: [email address]
