WEEE Tender

The request was successful.

Claire McWilliams

Dear sir/madam,

My name is Claire McWilliams and I work for a Compliance Scheme called blue Compliance.

I would like to request the following information from either the procurement department or the Waste Management/Recycling department.

• Date of the next tender for the “Collection and Disposal of WEEE (Waste Electrical and Electronic Equipment) and Batteries.

• Also a copy of the previous successful tender for the collection and disposal of WEEE.

I look forward to hearing from you.

Regards

Claire McWilliams
Brand and Compliance Manager

Tel: 07852323355
www.environcom.co.uk

Access, Info, University of Durham

Claire McWilliams

E-mail: [1][FOI #80482 email]

20 July 2011

Dear Ms McWilliams

Freedom of Information Request

I acknowledge receipt of your email dated 19 July 2011 requesting
information from Durham University.

Please be advised that the University will respond as soon as possible and
in any event by 16 August 2011.

Sincerely,

Joshua McKim

Deputy Records Manager

Durham University

I would like to request the following information from either the

procurement department or the Waste Management/Recycling

department.

o Date of the next tender for the "Collection and Disposal of WEEE

(Waste Electrical and Electronic Equipment) and Batteries.

o Also a copy of the previous successful tender for the collection

and disposal of WEEE.

References

Visible links
1. mailto:[FOI #80482 email]

Access, Info, University of Durham

Claire McWilliams
Email: [FOI #80482 email]

16 August 2011

Dear Ms McWilliams

Thank you for your requests for information dated 19 July 2011.

• Date of the next tender for the “Collection and Disposal of WEEE (Waste Electrical and Electronic Equipment) and Batteries.

The Tender for Waste Management Services will be prepared over the forthcoming months with an approximate time for despatch of the EU Notice to the Official Journal of the European Union (OJEU) of sometime in November.

• Also a copy of the previous successful tender for the collection and disposal of WEEE.

The University has contacted BIFFA in relation to the request and BIFFA has expressed initial verbal objections to releasing aspects of the information as to do so would prejudice their commercial interests under s.43(2) of the Freedom of Information Act. However, BIFFA have not yet specified what information they consider to be prejudicial and why.

The University has decided to give BIFFA additional time to inform us of their specific objections to releasing the information you requested. Once the University has received their response we will be able to provide a more detailed response.

I apologise for the delay and will correspond with you further by 31 August 2011 (10 additional working days).

Yours sincerely

Joshua McKim
Deputy Records Manager
Governance Support Unit

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Access, Info, University of Durham

11 Attachments

Claire McWilliams
Email: [FOI #80482 email]

24 August 2011

Dear Ms McWilliams

Further to my email of 16 August 2011, the University is now able to reply to your second request received on 19 July 2011. I apologise for the delay in sending you a full response.

• Also a copy of the previous successful tender for the collection and disposal of WEEE.

Please find attached information related to the previous successful tender for the WEEE contract. The University has contacted BIFFA in relation to the request in order to learn whether it has objections to the release of the information. BIFFA have requested the University not provide some of the pricing information, as the release of this information would prejudice the commercial interests of BIFFA under s.43(2) of the Freedom of Information Act. The information removed is contained within the excel spreadsheet attached and relates to the worksheets titled “Rental” and “WEEE and Shredding.” The information is about costs and prices that relate to specific business operations and to release the information would cause unwarranted and adverse affects on BIFFA’s ability to compete against other companies for future tender opportunities. The application of the s.43(2) exemption requires the University to conduct a public interest test to balance whether the public interest favours release of the information or maintenance of the exemption.

The University recognises that there can be a public interest in providing information to ensure that public money is spent efficiently and that the public authority gets value for money. In addition, there can be a public interest in releasing information that will promote transparency, accountability and participation in decision making in public authorities.

The University also recognises that there can be a public interest in withholding information if the information would be likely to prejudice the commercial interests of a 3rd party company or the public authority itself. The University recognises the following public interest factors in maintaining the exemption. The pricing information removed from the documents includes yearly pricing information from 2008-2011 inclusive and so the information is considered to still be current and live and thus having a greater likelihood of causing prejudice. As previously disclosed the contract for which this information relates is soon to end and re-submitted publicly for tender. As such, the commercial interests of BIFFA are likely to be prejudiced if their pricing information is released prior to the receipt of submissions in response to the tender. This is also likely to prejudice the commercial interests of the University and to the upcoming tender submission process. This is principally with regards to ensuring a fair and transparent tender process, that all companies submitting tenders are on equal footing and that any tenders received do not attempt to complete on price alone. Finally, the University considers that most of the information relating to the tender has been provided with only a very small part withheld.

When balancing the public interest factors mentioned above the University believes that the public interest lies in maintaining the exemption.

If you have any questions about the application of this exemption do not hesitate to contact me at [Durham University request email] or visit www.dur.ac.uk/foi/ for more information.

Yours sincerely

Joshua McKim
Deputy Records Manager
Governance Support Unit

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