RE: Contract for the Provision of homeless Services (non accommodation) 1/5/09 - 30/4/12

gill young made this Freedom of Information request to City of Edinburgh Council

The request was partially successful.

From: gill young

9 March 2009

Dear Sir or Madam,
RE: Lot 1 Advice and Information Outreach
Contract for the Provision of Homeless Services (non accommodation)
1/5/09 -30/4/09
Please provide the following for all short listed bids for the
above:
Tenderers submission - (schedule 2).
The Pricing schedule for that bid.
Any other e mail / documents relating to financial matters between
the shortlisted bidders received subsequent to the tender
submission.

i respectfully draw your attention to the Scottish Information
Commissioner decision Streetwork uk and Glasgow city council, Ref
200701489, when considering your response to this request.

Yours faithfully,

Gill young

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From: Freedom of Information
City of Edinburgh Council

9 March 2009

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,

Customer Services.

This is an automatically generated email. Please do not reply to this
email.

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From: Freedom of Information
City of Edinburgh Council

9 March 2009

Dear Gill Young,

Your ref: 4184

Freedom of Information (Scotland) Act 2002 - Acknowledgement of Request

We received your request on 9/3/2009 and can confirm that this is being
dealt with in accordance with the Freedom of Information (Scotland) Act
2002. As such the request must be dealt with within 20 working days and
provided in a format of your choice.

Your request may not result in us supplying the information you asked for
as the Act imposes certain conditions and exemptions on the information we
may supply. If this is the case, we will let you know. It is also possible
that the information you request is controlled by different legislation.
Again, we will write to advise you of this. Finally, we may have to charge
for the information we give to you. If this is the case, we will write
requesting payment before we release the information.

The City of Edinburgh Council is obliged to answer your application within
20 working days of receipt. If you are not satisfied with the outcome of
your application, or you do not receive a response within 20 days, you can
apply for an internal review. The application for a review should be made
in writing to the Director of Corporate Services, Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG

If you require further information please contact us on Tel: 0131 200
2340. Further information on the Freedom of Information Act (Scotland)
2002 can be obtained by visiting www.edinburgh.gov.uk

Yours sincerely,

Michael O'Rourke

Freedom of information Team

0131 200 2340

[Edinburgh Council request email]

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From: Services for Communities FOI
City of Edinburgh Council

1 April 2009

Dear Ms Young

FOISA Reference: 4184

Freedom of Information (Scotland) Act 2002 - Refusal Notice - Exempt

I have received your application for information under the Freedom of
Information Act (Scotland 2002) on 9 March 2009, and would advise you that
I cannot give you the information you requested.

This is because Section 16 of the Freedom of Information (Scotland) Act
2002 allows local authorities to withhold information that it considers to
be exempt. So, although we have the information you requested, I consider
that it is exempt because of Section 33 (1) (b) of the Act.

This exemption applies to your request because as the homelessness (non
accommodation) tendering process has not concluded the Council is unable
to meet your request at this time. The Council has refused your request on
the grounds that disclosure would likely prejudice substantially the
commercial interests of the Council

However, the Council will send you the winning bid documentation for Lot 1
when the tendering process has concluded. This is expected to be 27 April
2009.

Section 2 of the Act also requires me to consider whether it is in the
public interest to disclose this information to you despite the
exemption. I have done this and consider that the public interest is best
served by withholding the information.

If you are not happy with this response, or want to complain about the way
in which we handled your application, please write to the Director of
Corporate Services; The City of Edinburgh Council, Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG, within 40 working days of receipt of
this letter, seeking a review of the response.

If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review.

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife
KY16 9DS Phone: 01334 464610 Fax: 01334 464611

E-mail: [1][email address]

For further information please phone us on 0131 200 2340 or visit our
website at [2]www.edinburgh.gov.uk/foi

Yours sincerely

Bernie Giles

Senior Project Manager

Freedom of Information, Level 1, Chesser House, 500 Gorgie Road, Edinburgh, EH11
3YJ

Tel 0131 200 2340 Fax 0131 200 2341

E-mail [Edinburgh Council request email] Web www.edinburgh.gov.uk

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2. http://www.edinburgh.gov.uk/foi

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From: Services for Communities FOI
City of Edinburgh Council

1 April 2009

Dear Ms Young

FOISA Reference: 4186

Freedom of Information (Scotland) Act 2002 - Refusal Notice - Exempt

I have received your application for information under the Freedom of
Information Act (Scotland 2002) on 9 March 2009, and would advise you that
I cannot give you the information you requested.

This is because Section 16 of the Freedom of Information (Scotland) Act
2002 allows local authorities to withhold information that it considers to
be exempt. So, although we have the information you requested, I consider
that it is exempt because of Section 33 (1) (b) of the Act.

This exemption applies to your request because as the homelessness (non
accommodation) tendering process has not concluded the Council is unable
to meet your request at this time. The Council has refused your request on
the grounds that disclosure would likely prejudice substantially the
commercial interests of the Council

However, the Council will send you the winning bid documentation for Lot 2
when the tendering process has concluded. This is expected to be 27 April
2009.

Section 2 of the Act also requires me to consider whether it is in the
public interest to disclose this information to you despite the
exemption. I have done this and consider that the public interest is best
served by withholding the information.

If you are not happy with this response, or want to complain about the way
in which we handled your application, please write to the Director of
Corporate Services; The City of Edinburgh Council, Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG, within 40 working days of receipt of
this letter, seeking a review of the response.

If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review.

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife
KY16 9DS Phone: 01334 464610 Fax: 01334 464611

E-mail: [1][email address]

For further information please phone us on 0131 200 2340 or visit our
website at [2]www.edinburgh.gov.uk/foi

Yours sincerely

Bernie Giles

Senior Project Manager

Freedom of Information, Level 1, Chesser House, 500 Gorgie Road, Edinburgh, EH11
3YJ

Tel 0131 200 2340 Fax 0131 200 2341

E-mail [Edinburgh Council request email] Web www.edinburgh.gov.uk

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2. http://www.edinburgh.gov.uk/foi

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From: Services for Communities FOI
City of Edinburgh Council

1 April 2009

[FOI #9109 email]

Dear Ms Young

FOISA Reference: 4187

Freedom of Information (Scotland) Act 2002 - Refusal Notice - Exempt

I have received your application for information under the Freedom of
Information Act (Scotland 2002) on 9 March 2009, and would advise you that
I cannot give you the information you requested.

This is because Section 16 of the Freedom of Information (Scotland) Act
2002 allows local authorities to withhold information that it considers to
be exempt. So, although we have the information you requested, I consider
that it is exempt because of Section 33 (1) (b) of the Act.

This exemption applies to your request because as the homelessness (non
accommodation) tendering process has not concluded the Council is unable
to meet your request at this time. The Council has refused your request on
the grounds that disclosure would likely prejudice substantially the
commercial interests of the Council

However, the Council will send you the winning bid documentation for Lot 4
when the tendering process has concluded. This is expected to be 27 April
2009.

Section 2 of the Act also requires me to consider whether it is in the
public interest to disclose this information to you despite the
exemption. I have done this and consider that the public interest is best
served by withholding the information.

If you are not happy with this response, or want to complain about the way
in which we handled your application, please write to the Director of
Corporate Services; The City of Edinburgh Council, Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG, within 40 working days of receipt of
this letter, seeking a review of the response.

If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review.

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife
KY16 9DS Phone: 01334 464610 Fax: 01334 464611

E-mail: [1][email address]

For further information please phone us on 0131 200 2340 or visit our
website at [2]www.edinburgh.gov.uk/foi

Yours sincerely

Bernie Giles

Senior Project Manager

Freedom of Information, Level 1, Chesser House, 500 Gorgie Road, Edinburgh, EH11
3YJ

Tel 0131 200 2340 Fax 0131 200 2341

E-mail [Edinburgh Council request email] Web www.edinburgh.gov.uk

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2. http://www.edinburgh.gov.uk/foi

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From: Services for Communities FOI
City of Edinburgh Council

1 April 2009

[FOI #9109 email]

Dear Ms Young

FOISA Reference: 4202

Freedom of Information (Scotland) Act 2002 - Refusal Notice - Exempt

I have received your application for information under the Freedom of
Information Act (Scotland 2002) on 9 March 2009, and would advise you that
I cannot give you the information you requested.

This is because Section 16 of the Freedom of Information (Scotland) Act
2002 allows local authorities to withhold information that it considers to
be exempt. So, although we have the information you requested, I consider
that it is exempt because of Section 33 (1) (b) of the Act.

This exemption applies to your request because as the homelessness (non
accommodation) tendering process has not concluded the Council is unable
to meet your request at this time. The Council has refused your request on
the grounds that disclosure would likely prejudice substantially the
commercial interests of the Council

However, the Council will send you the winning bid documentation for Lot 5
when the tendering process has concluded. This is expected to be 27 April
2009.

Section 2 of the Act also requires me to consider whether it is in the
public interest to disclose this information to you despite the
exemption. I have done this and consider that the public interest is best
served by withholding the information.

If you are not happy with this response, or want to complain about the way
in which we handled your application, please write to the Director of
Corporate Services; The City of Edinburgh Council, Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG, within 40 working days of receipt of
this letter, seeking a review of the response.

If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review.

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife
KY16 9DS Phone: 01334 464610 Fax: 01334 464611

E-mail: [1][email address]

For further information please phone us on 0131 200 2340 or visit our
website at [2]www.edinburgh.gov.uk/foi

Yours sincerely

Bernie Giles

Senior Project Manager

Freedom of Information, Level 1, Chesser House, 500 Gorgie Road, Edinburgh, EH11
3YJ

Tel 0131 200 2340 Fax 0131 200 2341

E-mail [Edinburgh Council request email] Web www.edinburgh.gov.uk

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2. http://www.edinburgh.gov.uk/foi

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From: Services for Communities FOI
City of Edinburgh Council

1 April 2009

[FOI #9109 email]

Dear Ms Young

FOISA Reference: 4204

Freedom of Information (Scotland) Act 2002 - Refusal Notice - Exempt

I have received your application for information under the Freedom of
Information Act (Scotland 2002) on 9 March 2009, and would advise you that
I cannot give you the information you requested.

This is because Section 16 of the Freedom of Information (Scotland) Act
2002 allows local authorities to withhold information that it considers to
be exempt. So, although we have the information you requested, I consider
that it is exempt because of Section 33 (1) (b) of the Act.

This exemption applies to your request because as the homelessness (non
accommodation) tendering process has not concluded the Council is unable
to meet your request at this time. The Council has refused your request on
the grounds that disclosure would likely prejudice substantially the
commercial interests of the Council

However, the Council will send you the winning bid documentation for Lot 3
when the tendering process has concluded. This is expected to be 27 April
2009.

Section 2 of the Act also requires me to consider whether it is in the
public interest to disclose this information to you despite the
exemption. I have done this and consider that the public interest is best
served by withholding the information.

If you are not happy with this response, or want to complain about the way
in which we handled your application, please write to the Director of
Corporate Services; The City of Edinburgh Council, Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG, within 40 working days of receipt of
this letter, seeking a review of the response.

If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review.

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife
KY16 9DS Phone: 01334 464610 Fax: 01334 464611

E-mail: [1][email address]

For further information please phone us on 0131 200 2340 or visit our
website at [2]www.edinburgh.gov.uk/foi

Yours sincerely

Bernie Giles

Senior Project Manager

Freedom of Information, Level 1, Chesser House, 500 Gorgie Road, Edinburgh, EH11
3YJ

Tel 0131 200 2340 Fax 0131 200 2341

E-mail [Edinburgh Council request email] Web www.edinburgh.gov.uk

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2. http://www.edinburgh.gov.uk/foi

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From: gill young

26 April 2009

Bernie Giles
Senior Project Manager
Freedom of Information
Level 1
Chesser House
Gorgie road
Edinburgh
EH11 3YJ

26 April 2009

Dear Mr Giles

FOISA Requests Ref: 4204 - Lot 3; 4202 - Lot 5; 4187 - Lot 4; 4186
- Lot 2; 4184 - lot 1.

Thank you for your reply to my freedom of information request(s). I
am pleased that you will be sending my copies of the winning bids
for all the Lots in this tender in the near future.

I am hereby formally requesting an internal review of your decision
not to give me the other information I requested, namely all of the
short listed bids for all the above Lots.

I understand that you are asserting that this information is exempt
under S33(1) (b) of the FOIA (Scotland) and that you do not think
that it is of sufficient public interest to warrant being released.
You do not give me any evidence of how you came to this conclusion.

Having looked at the guidance issued on the information
commissioner website I would argue the following in support of my
review and ask for the information to be released.

The guidance states that information will normally only be
appropriately withheld where it can be demonstrated that release
would be likely to cause real and actual harm to a relevant
commercial, financial or economic interest (in this case the
council). The damage caused by disclosing information must be real,
significant and the damage would have to occur in the near future.
Your reply gives me no clue as to how you applied this test when
considering my request.

I can think of no reason how the council (or even tender bidders)
would be significantly and evidently commercially harmed by the
public knowing the details of the services they planned to provide
and the cost of this to the inhabitants of Edinburgh.

Even if this were to be demonstrated, there is the public interest
test. This means that even if the information were to be deemed
commercially sensitive the authority should release the information
if it is in the public interest. If the two are evenly balanced
then the guidance states the presumption should always be in favour
of disclosure. Again you have not provided evidence of applying
this test – only your assertion that it is not in the public
interest.

I argue the following to show that it is in the public interest to
release the information about all the short listed bids:

Scrutiny of decisions made by the elected council on behalf of its
constituents. How are we to know that the tender decision has been
done along the lines of 70% quality and 30% financial basis. I am
not saying it hasn't, just saying that I think it is exactly this
sort of public ability to understand and look at the decisions made
by the council. We are supposed to be active participants in a
local democracy, able to scrutinise decisions that affect the city
and its inhabitants, not just passive recipients of decisions made
in secret. The council should be able to justify its decision
making.

The money being spent on these services is public money and most of
the organisations bidding for the tender are also publicly funded,
and I think we should be able to see we are getting quality
services, not just cheap ones.

At present the council and public are aware that this tendering
process has not gone smoothly. There has been press coverage. MSPs
and Councillors have all asked questions about it. The guidance on
exemption also states that 'Public authorities should be aware that
changing circumstances could strengthen or weaken the public
interest arguments in favour of disclosure'. With the questions
still to be answered on both employment of workers (indeed, the
Unite union asked for extra council monitoring of this situation
for its workers, but was refused at a deputation to the finance
committee in March) and services being taken over by the council, 6
month contract extensions being given I think that this is
precisely why we should be able to look at your decision making.
Only receiving the winning bids will not make this possible as
there is nothing to compare with each bid with.

Yours sincerely

Gill Young

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/re...

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From: Freedom of Information
City of Edinburgh Council

26 April 2009

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,

Customer Services.

This is an automatically generated email. Please do not reply to this
email.

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From: Bernard Giles
City of Edinburgh Council

6 July 2009

Attachment Glacier Bkgrd.jpg
2K Download

Attachment Lot 1 Appendix 2 Key Customer Outcomes CHAI.doc
133K Download View as HTML

Attachment Lot 1 Implementation Plan CHAI.doc
57K Download View as HTML

Attachment Lot 1 Schedule 2 Tenderers Submission CHAI.doc
392K Download View as HTML

Attachment Schedule 2 Lot 2 Establishing a Home.docm.zip
300K Download

Attachment LOT 2 Service Specification establish a home.doc
206K Download View as HTML

Attachment LOT 3 Schedule2 Streetwork.doc
492K Download View as HTML

Attachment LOT 3 Service Specification Streetwork.doc
103K Download View as HTML

Attachment LOT 3 Implementation plan Streetwork.doc
100K Download View as HTML

Attachment Lot 4 Service Specification Orchard Shipman plc.doc
169K Download View as HTML

Attachment Lot 4 Appendix M Implementation Plan Orchard Shipman plc.doc
64K Download View as HTML

Attachment Lot 4 Schedule 2 Tenderers Submission Orchard Shipman plc.doc
373K Download View as HTML

Dear Ms Young

FOISA Reference: 4184, 4186, 4187, 4204

Freedom of Information (Scotland) Act 2002

I refer to your recent FOISA requests and my response 1 April 2009.

The tender process for Lots 1, 2, 3 and 4 of the Homelessness (Non
Accommodation) Tender has completed and I have attached the associated
winning bid documentation.

Yours sincerely

Bernie Giles

Senior Project Manager
Commissioning Team
Strategy and Investment
Services For Communities
Waverley Court
4 Market Street
Edinburgh
EH8 4BG

T: 0131 529 7386

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From: gill young

18 July 2009

Dear Bernard Giles,

Thank you for sending me some of the information i requested.
I also aked for the financial information that accompanied these
bids. Why have i not received it?

The winning bids for Lot 5 seem to be missing. As far as i am aware
only one 500 hour and one 700 hour contract has been withdrawn. Why
have you not sent me the details of the 500 hour and 700 hour bids
for lot 5 that have not had their contracts withdrawn?

As you have not sent me all the information in my original request
i have asked the Information Commissioner for Scotland to decide if
it is a valid request

Yours sincerely,

gill young

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From: Bernard Giles
City of Edinburgh Council

19 July 2009

I'm out of the office until Monday 20 July.

If you need to speak to someone in the Commissioning Team please phone my
direct number 0131 529 7386 and a colleague will assist you.

Regards

Bernie

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