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Contract award to Verrus UK Ltd
Warren Djanogly made this Freedom of Information request to Tower Hamlets Borough Council
The request was refused by Tower Hamlets Borough Council.
From: Warren Djanogly
15 December 2010
Dear Tower Hamlets Borough Council,
In response to an FOIA request by a M Laurent dated 25 November
2010, a certain Tim Rodgers, representing Tower Hamlets Borough
Council, on 3 December 2010 claimed:-
"Pay by Phone is a system to pay for casual parking that has been
in use in London Borough of Tower Hamlets since 2005, but in late
2009 the Council agreed to pilot a scheme with Verrus. The Council
is now in the process of tendering this service."
Further, at a Partnerships-In-Parking (PIP) meeting of 6 December
2010, Westminster Council Head of Legal, Mr Peter Large claimed
that he had checked with Tower Hamlets Borough Council and assured
the PIP Board that THBC had not drawn down the PIP Pay-By-Phone
contract with Verrus UK Ltd, rather that the contract referred to
by Tim Rodgers is a separate contract between THBC & Verrus UK Ltd,
outside of PIP.
Question:-
Can THBC please indicate the section within EU procurement
legislation that permits the renewal of an existing contract by
awarding it to a different supplier without the need for a
tendering process?
For te avoidance of confusion, could THBC explain how a service
that has already been contracted for 4 years from one supplier be
suddenly deemed to be "under trial" when a competitor supplier is
awarded the renewal of said contract?
Yours faithfully,
Warren Djanogly
From: Jane L Jones
Tower Hamlets Borough Council
15 December 2010
Dear Sir/Madam
FREEDOM OF INFORMATION ACT 2000
Thank you for your email.
Your request is being considered and if the information is held you will
receive the information requested within the statutory timescale of 20
working days as defined by the Freedom of Information Act 2000, subject to
the information not being exempt.
If the time taken to meet your request is likely to exceed 18 hours, we
will contact you and ask you amend your request to bring it below this
time limit. We will assist you with suggestions of how this might be
achieved.
I may also contact you if the request needs to be clarified; this is to
ensure that we provide you with the information you require.
Please note that some information you have requested may not be provided
to you; this will only be information that can be withheld by law. In
most cases the reasons will be explained to you along with your copy of
any information that can be released to you.
Yours faithfully,
Jane Jones
Information Governance Administrative Officer
Legal Services
6th Floor
Mulberry Place
London E14 2BG
0207 364 4736
[1][email address]
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References
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1. mailto:[email address]
file:///tmp/BLOCKED::mailto:[email address]
2. http://www.towerhamlets.gov.uk/
3. mailto:[Tower Hamlets Borough Council request email]
From: Jane L Jones
Tower Hamlets Borough Council
17 January 2011
Dear Sir/Madam
FREEDOM OF INFORMATION ACT 2000 - IGT_FOI_12_3831 - Contract award to Verrus UK
Ltd
Your request for information has been considered under the requirements of
the Freedom of Information Act and the information is attached/below.
The London Borough of Tower Hamlets was carrying out a trial of Pay by
Phone system in the Borough in view of our experience with a previous
contract. The Borough needed to be sure that this method of payment will
work as our previous contract had a mixed reaction.
Following our trial, we are now fully engaged in carrying out a tender
process within EU procurement rules.
If you have any queries please get in touch with me to discuss them. You
might like to know that the Council's website [1]www.towerhamlets.gov.uk
contains a section on the Freedom of Information Act that lists other
publications readily available from the Council under its Publication
Scheme.
Yours faithfully
Jane Jones
Information Governance Administrative Officer
Legal Services
6th Floor
Mulberry Place
London E14 2BG
0207 364 4736
[2][email address]
Most of the information we provide in response to Freedom of Information
Act 2000 request will be subject to copyright protection. In most cases
the copyright will be owned by the London Borough of Tower Hamlets. The
copyright in other information may be owned by another person or
organization as indicated in the information itself.
You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, publishing the information or issuing copies to the public will
require the permission of the copyright holder.
For information where the copyright is owned by the London Borough of
Tower Hamlets, details of the conditions of re-use can be found on our
website at [3]www.towerhamlets.gov.uk.
For information where the copyright is owned by another person or
organization, you must apply to the copyright holder to obtain their
permission.
If you unhappy with this response or wish to complain about any aspect of
the handling of this request please write to:
Corporate Complaints Unit
Tower Hamlets Town Hall
Mulberry Place
5 Clove Crescent
London E14 2BG
If you are subsequently not satisfied with the Council's response to your
complaint you have a right of appeal to the independent Information
Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 01625 545 700
[4]www.informationcommissioner.gov.uk
Further information about the operation of the act is available from the
council's website [5]www.towerhamlets.gov.uk and the information leaflet
in public reception areas in Council buildings.
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References
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1. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
2. mailto:[email address]
file:///tmp/BLOCKED::mailto:[email address]
3. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
4. http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner.gov.uk/
5. http://www.towerhamlets.gov.uk/
http://www.towerhamlets.gov.uk/
6. http://www.towerhamlets.gov.uk/
7. mailto:[Tower Hamlets Borough Council request email]
From: Warren Djanogly
4 February 2011
Dear Jane L Jones,
Thank you for your response.
You appear to be suggesting that tender-process circumvention for
the re-award of a contract for provision of a service, that had
already been received for the previous 4 years, could be achieved
by declaring it as a "trial" or "pilot" due to a "mixed reaction"
to the original contract (whatever that means).
Question:-
1) Could you please specifically indicate where it is stated within
EU Procurement Legislation that a council, with a history of
procuring a service, may declare that the renewal of such a service
as being "trial" or "Pilot" as a result of seeking a change of
supplier?
In 2009, under FOI, a certain Mr G Jones on 22 Sep 2009 asked:-
"Under what Tower Hamlets tender process was the current pay by
phone contract awarded to Verrus UK and if there was no tender
process under what criteria and by whom was this contract awarded
to Verrus UK?
In response, Project & Facilitations Officer Pearl Wright stated:-
"This service has already been the subject of an OJEU Notice placed
by City of Westminster in the form of a framework agreement
allowing partners in PiP to participate. PiP is a consortium that
allows the Council negotiate larger volume discounts, encourages us
to harmonise our parking services in London where necessary and
increase the efficiency made in procurement. Pay by phone is not
new to the Borough and was introduced on the 11th October 2004."
2) Can you please confirm whether the contracted awarded to Verrus
UK Ltd was indeed, as stated by Pearl Wright, was called off the
PIP framework agreement?
3) If not, can you please explain why such misrepresentations were
made in an FOI response?
4) As also confirmed by Pearl Wright, this service was NOT new to
Tower Hamlets. Can you please now confirm how you still claim it to
be a Pilot/trial?
5) Should you want to disagree with Pearl Wright, her response was
also copied to you, Jane L Jones at the time, so could you also
explain why you did not correct it then?
Yours sincerely,
Warren Djanogly
From: Tim Rodgers
Tower Hamlets Borough Council
23 February 2011
Dear Mr Djanogly,
Further to your request dated 4 February 2011, this is not a valid request
for information held by the authority. You do not request information
held by the authority, more commentary on matters relating to a previous
FOI disclosure, and the issues concerning Partnerships in Parking.
Your correspondence would be more appropriate redirected to the Corporate
Director for Communities, Localities and Culture, Mr Stephen Halsey, for a
response, rather than using a medium intended for Freedom of Information
requests.
Tim Rodgers
Information Governance Manager
Legal Services
Chief Executives Department
London Borough of Tower Hamlets
Phone: 0207 364 4354
[mobile number]
Fax: 0207 364 4804
E-mail: [1][email address]
Website: http://www.towerhamlets.gov.uk
6th Floor, Town Hall, 5 Mulberry Place,
London E14 2BG
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2. http://www.towerhamlets.gov.uk/
3. http://www.census.gov.uk/
4. mailto:[Tower Hamlets Borough Council request email]
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