FOI Request – Confidential waste

Chris Pearson made this Rhyddid Gwybodaeth request to MidKent College

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Roedd y cais yn llwyddiannus.

Dear FOI Team,
Please could you confirm if you can provide the following information Free of Charge or if a fee will be applicable – If a fee is applicable please confirm the price (before providing any information)?
I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.
Confidential Waste
The details we require are:
• Has confidential waste being procured via tender or framework or another means?
• If a framework, could you confirm the name of the framework please?
• Actual contract values of each framework/contract (& any sub lots)
• Start date & duration of contract
• Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
• Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
• Who is the procurement officer responsible for this contract and could you provide their email address and phone number please?
Who is the senior officer (outside of procurement) responsible for this contract and could you provide their email address and phone number please?
• Who is the current supplier?
• If your current supplier is a Facilities Management/Waste Company, which sub-contractor services your organisation?
Thank you for your help.
Yours sincerely
Chris Pearson

FOI, MidKent College

Thank you for contacting the MidKent College Freedom of Information
Helpdesk.  

  

Your e-mail has been assigned to our Data Protection Team. The Team will
investigate and respond to your e-mail as soon as possible.  

  

For urgent queries please call 01634 383525.  

  

Key Information 

o Our Data Protection Officer is: Mr C Hare 
o Our ICO Registration Number is: Z6528598 

  

Regards  

  

The Data Protection Team 

FOI, MidKent College

Dear Mr Pearson

I write to confirm that your freedom of information request has been received.

Your request has been assigned reference number MKC FOI-00057-20210310. Please provide this number in all related future correspondence.

We will respond to your request in full on, or before, the 09/04/2021. Please note that this deadline takes into account the upcoming bank holidays, which fall within 20 working days from your request.

Kind Regards

FOI Team

dangos adrannau a ddyfynnir

Georgia Harvey, MidKent College

2 Atodiad

Dear Mr Pearson

 

I write to confirm that your request for information dated 03 March 2021
has been received and processed.

 

Your request has been assigned reference number MKC FOI-00056-20210303.
Please provide this number in all related future correspondence.

 

I can confirm that we do hold the information requested. Our responses to
the questions provided are set out below.

 

o Question 1: Has confidential waste being procured via tender or
framework or another means?

Answer: Yes, via tender.  

 

o Question 2: If a framework, could you confirm the name of the
framework please?

Answer: Not Applicable 

 

o Question 3: Actual contract values of each framework/contract (& any
sub lots)

Answer: This is considered to be commercially sensitive and as such is
exempt from release under section 43(2) of the FOI Act. Section 43(2)
exempts information whose disclosure would, or would be likely to,
prejudice the commercial interests of any person (an individual, a
company, the public authority itself or any other legal entity).

 

Section 43(2) is a qualified exemption and we are required to conduct a
public interest test when applying any qualified exemption. This means
that after it has been decided that the exemption is engaged, the public
interest in releasing the information must be considered. If the public
interest in disclosing the information outweighs the public interest in
withholding it then the exemption does not apply and must be released. In
the FOI Act there is a presumption that information should be released
unless there are compelling reasons to withhold it.

 

The public interest has been applied and concluded that the balance of the
public interest has been found to fall in favour of withholding
information covered by the section 43(2) exemption.

 

The considerations in favour of the release of the information include the
principle that there is a public interest in transparency and
accountability in disclosing information held by public sector
organisations, including but not limited to, allowing public scrutiny and
to demonstrate that public funds are being used in an efficient and
effective way. Furthermore, private sector companies engaging in
commercial activities with the public sector must expect some information
about those activities to be disclosed.

 

However, release of this information would negatively impact upon the
reputation and the confidence that suppliers have with the College when
providing services. Additionally, disclosure would prejudice the College’s
ability to obtain quotes in a competitive market for similar services in
future. Furthermore, the disclosure would weaken the position of the
providers in a competitive environment by revealing business sensitive
information of use to their competitors.

 

In conclusion, we have determined that it is not in the public interest to
prejudice our commercial interests.

 

o Question 4: Start date & duration of contract

Answer: Start date 01/04/2020 for one year.  

 

o Question 5: Is there an extension clause in the
framework(s)/contract(s) and, if so, the duration of the extension?

Answer: Yes, there is an extension, up to 12 months. 

 

o Question 6: Has a decision been made yet on whether the
framework(s)/contract(s) are being either extended or renewed?

Answer: Yes.

 

o Question 7: Who is the procurement officer responsible for this
contract and could you provide their email address and phone number
please?

Answer: This is personally identifiable information. We are not obliged,
under section 40(2) of the Act, to provide information that is the
personal information of another person if releasing would contravene any
of the provisions in the UK GDPR. In this instance we believe that the
release of this information would contravene the first data protection
principle and therefore section 40 (2) is engaged. The terms of this
exemption in the Freedom of Information Act mean that we do not have to
consider whether or not it would be in the public interest for you to have
the information.

 

o Question 8: Who is the senior officer (outside of procurement)
responsible for this contract and could you provide their email
address and phone number please?

Answer: This is personally identifiable information. We are not obliged,
under section 40(2) of the Act, to provide information that is the
personal information of another person if releasing would contravene any
of the provisions in the UK GDPR. In this instance we believe that the
release of this information would contravene the first data protection
principle and therefore section 40 (2) is engaged. The terms of this
exemption in the Freedom of Information Act mean that we do not have to
consider whether or not it would be in the public interest for you to have
the information.

 

o Question 9: Who is the current supplier?

Answer: Suez

 

o Question 10: If your current supplier is a Facilities Management/Waste
Company, which sub-contractor services your organisation?

Answer: Not Applicable

 

Please note that the response documentation should not be copied,
reproduced or used except in accordance with the law of copyright.

 

Right to Complain

 

If you are dissatisfied with the handling of your request or the decision
which has been reached, you have the right to ask for an internal
review. Internal review requests should be addressed to
[1][email address]. 

 

You have the right to ask the Information Commissioner (ICO) to
investigate any aspect of your complaint. Information on how to do this is
available at [2]http://ico.org.uk/complaints. However, please note that
the ICO is likely to expect internal complaints procedures to have been
exhausted before beginning their investigation.

 

Yours sincerely

 

 

Georgia Harvey

Information Security Officer

 

Georgia Harvey
Information Security Officer
Main: +441634383000
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