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Information to Allow Value for Money Assessments
Steve Martin made this Freedom of Information request to Crossrail Limited
Waiting for an internal review by Crossrail Limited of their handling of this request.
From: Steve Martin
16 December 2009
Dear Crossrail Limited,
Expenditure on the overall programme management of the cross London
rail link (crossrail) has been reported at £400m and the cost of
other subsequent design and construction elements reported as being
in excess of £19bn.
To help me evaluate whether Crossrail have awarded the contracts to
achieve best value for money, please provide the following
documents and information for each of the work packages awarded to
date for all Crossrail related work:
1 - Copies of the invitation to tender documents.
2 - The evaluation criteria used by Crossrail against which
submissions were marked, by individual package.
3 - Copies of the bid submission documents (the responses to the
invitations to tender received by Crossrail from the companies that
bid for the work) for all of the successful and unsuccessful
bidders for all of the work packages which have been awarded to
date, including those for all management, design and construction
elements.
4 - Copies of the Crossrail evaluation scores for each of the
submissions received as identified in (3) above.
Yours faithfully,
Steve Martin
From: FreedomofInformation
Crossrail Limited
17 December 2009
Dear Mr Martin,
Thank you for your request for information in accordance with the Freedom of Information Act as detailed below. Your request is now being addressed and you will receive a response within 20 working days - allowing for the Christmas holidays this is 19 January 2010.
In the meantime you might like to view the Crossrail website, www.crossrail.co.uk , for current information on the project. In particular I would draw your attention to the page on funding http://www.crossrail.co.uk/the-railway/w... which gives the overall funding approved. Details of all contracts let to date are also published in the press releases section of the site.
I note that you contacted Crossrail via the whatdotheyknow.com portal - if you wish to contact the company direct please use the email address of this message - [Crossrail request email]
With regards
Patrick Griffin
FOI Officer
Crossrail Limited
25 Canada Square
Canary Wharf
London
E14 5LQ
Tel: 0345 602 3813
e-mail: [Crossrail request email]
Visit us at: www.crossrail.co.uk - "Crossing the Capital. Connecting the UK."
show quoted sections
From: FreedomofInformation
Crossrail Limited
19 January 2010
Dear Mr Martin
In your message of 17 December 2009, you requested, in accordance with the
Freedom of Information Act, copies of the following documents and
information for each of the work packages awarded to date for all
Crossrail related work:
* The invitation to tender documents.
* The evaluation criteria used by Crossrail against which submissions
were marked, by individual package.
* The bid submission documents (the responses to the invitations to
tender received by Crossrail from the companies that bid for the work)
for all of the successful and unsuccessful bidders for all of the work
packages which have been awarded to date, including those for all
management, design and construction elements.
* The Crossrail evaluation scores for each of the respective
submissions above.
Crossrail Ltd is required by the Sponsors, the Department of Transport and
Transport for London, to ensure, and to demonstrate, that value for money
for taxpayers and other contributors is provided at every stage of the
project, and to deliver the railway within the funding authorised. I
would also draw your attention to the 'Doing Business with Crossrail'
pages on our website which describe our procurement polices and guidelines
- [1]http://www.crossrail.co.uk/company/doing...
In response to your request, I enclose copies of the Invitation to Tender
documents for the following:
* Design Framework Agreements;
* Project Delivery Partner Contract;and
* Programme Partner Contract;
The award criteria are included within the Invitation to Tender documents.
Crossrail Ltd is not obliged to supply copies of the bid submission
documents or the Crossrail evaluation scores you have requested, as this
information is subject to an exemption relating to commercial interests
set out in section 43 of the Freedom of Information Act. We are applying
this exemption because the proposals submitted in response to our
Invitation to Tender contain confidential pricing information which would
prejudice the commercial interests of the firms involved. These firms are
likely to be put at a significant disadvantage in respect of any future
tenders they might submit to Crossrail, or any other organisation, if
their competitors were to be made aware of the content of tenders
previously submitted to Crossrail.
Disclosure of this information, and the evaluation scores for the
submissions, would also be likely to prejudice Crossrail's own commercial
interests by compromising its position during future negotiations with
external suppliers. This would restrict our ability to obtain the best
value for public funds.
The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. In
this instance, factors in favour of disclosure, such as the general public
interest in transparency and openness are outweighed by Crossrail's
obligation to ensure that it obtains the best possible value when spending
public money.
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
Patrick Griffin
FOI Officer
Crossrail Limited
25 Canada Square
Canary Wharf
London
E14 5LQ
Tel: 0345 602 3813
e-mail: [Crossrail request email]
Visit us at: www.crossrail.co.uk - "Crossing the Capital. Connecting the
UK."
Appendix 1
Your right to appeal
If you are dissatisfied with the way CRL has handled your request for
information, you may request an internal review of the decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, and carried out in accordance with
the CRL complaints procedure.
Any request for an internal review should be addressed to:
FOI Officer
Crossrail Ltd
25 Canada Square
Canary Wharf
London E14 5LQ
E-mail: [2][Crossrail request email]
Complaints to the Information Commissioner
If, following the internal review, you remain dissatisfied with the way
CRL has handled your request, then you can take your complaint to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
A complaint form is available on the Information Commissioner's Office
website at
[3]www.ico.gov.uk
Copyright
Any copyright in the material provided with this response is owned by CRL
unless otherwise stated. The disclosure of information does not give the
person or organisation who receives it an automatic right to re-use it in
a way that would otherwise infringe copyright (for example, by making
copies, publishing it, or issuing copies to the public). Brief extracts of
the material may be reproduced under the fair dealing provisions of the
Copyright, Designs and Patents Act 1998 (sections 29 and 30) for the
purposes of research for non-commercial purposes, private study,
criticism, review and news reporting. In respect of use for criticism,
review and news reporting, any reproduction must be accompanied by an
acknowledgement that CRL is the copyright owner.
Re-use
If you would like to re-use the information supplied with this response
please contact CRL. Requests for re-use will be considered in accordance
with the Re-use of Public Sector Information Regulations 2005.
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References
Visible links
1. http://www.crossrail.co.uk/company/doing...
2. mailto:[Crossrail request email]
3. http://www.ico.gov.uk/
From: Steve Martin
20 January 2010
Dear FreedomofInformation,
The Freedom of Information Act 2000 does not allow for blanket
exemptions as suggested in this response.
Both the legislation, and the Department for Transports own
interpretation of the Act, and their adherence to the relevant Code
of Practice, require organisations wishing to tender for work to
clearly identify which parts of their submission are done in
confidence.
Bidders are also required to provide reasons why such information
should not be disclosed in response to a Freedom of Information
request
Where no such declaration has been made by the tenderer, or no
justification received (in the form of the 'reasons why such
information should not be disclosed'), the information submitted by
the tenderer cannot be held in confidence and must be disclosed on
request.
Crossrail cannot make a unilateral decision to withhold the
information on their own assessment or judgement.
I therefore believe that Crossrail have not addressed this request
in accordance with the provisions of the Act and are therefore
obliged to either disclose the information requested, or provide
evidence that the organisations that submitted tenders have
requested that their submissions were in confidence, with the
accompanying reasons.
I am therefore requesting an internal review of this decision.
Yours sincerely,
Steve Martin
From: FreedomofInformation
Crossrail Limited
21 January 2010
Dear Mr Martin,
Thank you for your message. I note that you have requested an internal review of our response to your request for information. This is now being addressed in accordance with our procedures.
Yours sincerely
Patrick Griffin
FOI Officer
Crossrail Limited
25 Canada Square
Canary Wharf
London
E14 5LQ
Tel: 0345 602 3813
e-mail: [Crossrail request email]
Visit us at: www.crossrail.co.uk - "Crossing the Capital. Connecting the UK."
show quoted sections
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