Hochtief and Norwest Holst Ltd JV

Roedd y cais yn llwyddiannus.

Dear East Sussex County Council,

In 1991 Société Générale d’Entreprises S.A. (SGE) acquired Norwest Holst, a company founded in 1969.

In 2000 SGE changed its name to Vinci.

In June 2007, Weaver PLC became a wholly owned subsidiary of Norwest Holst Limited.

In September 2008 Vinci bought the UK operations of Taylor Woodrow Construction.

In May 2009 the Joint Venture contract for the Bexhill to Hastings Link Road was awarded to Norwest Holst Ltd and Hochtief (UK) Construction Ltd.

The FOI response that I have received from ESCCs states that after the joint venture had been awarded Vinci brought Taylor Woodrow construction so that the joint venture became known as the Hochtief Taylor Woodrow Joint venture.

This is my problem because it is a mistake as Vinci brought Taylor Woodrow Construction in 2008 so there was no reason to name this as the Hochtief Taylor Woodrow Joint Venture unless the contract had been awarded prior to the date of May 2009.

Subsequently I note that there are regular invoices to Taylor Woodrow that appear to pertain to the link road.

It is important that the tender process for the link road was transparent. Due to the above confusion I need to raise an FOI request to clarify it. The FOI request now follows;

I would like to know the year that any contract pertaining to the Bexhill to Hastings Link Road was awarded to the joint venture between Hochtief and Norwest Holst Ltd?

Please may I also like have a list the payments by East Sussex County Council to either party prior to 15 June 2009? The list should have an indication of what each payment for and the sum of each payment.

Please may I also have a list of payments made by East Sussex County Council to Taylor Woodrow Civil Engineering Ltd which has a company number of 02566610 and Hochtief which has a company number of 24489026 prior to the above date of 15 June 2009?

Please can you provide details of any contract that involved a joint venture between Hochtief and Norwest Holst Ltd providing the date that it was awarded?

Please can you provide details of any contract that involved Hochtief and Taylor Woodrow Civil Engineering Ltd providing the date that it was awarded?

Please can you let me know whether or not there was ever a contract between East Sussex County Council and Taylor Whimpey pertaining to the Bexhill to Hastings Link Road.

Please can you let me know all ECI type contracts that pertain to the link road? Please can you let me know if this means that you were following the EU Public Procurement Directive 2004/18?

If it is the case that you were following the directive please can you state which of the following procedures were used; open, restricted, competitive dialogue, or negotiated procedure? What steps did you undergo to ensure that the process was transparent?

Yours faithfully,
Richard Price

Freedom of Information, East Sussex County Council

 

 

Dear Mr Price

 

FOI Request ref:  2611 / Price / Bexhill Hastings Link Road -  Hochtief
and Norwest Holst Ltd JV

 

Thank you for your request for information about the above. Your request
was received on 8/7/2013 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

We always aim to respond as quickly as possible, and in this case will do
so no later than 2/8/2013, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

 

 

Jeremy Coleman

Freedom of Information Advisor

East Sussex County Council

Governance and Community Services Department

C3F, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

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Freedom of Information, East Sussex County Council

1 Atodiad

 

 

Dear Mr Price

 

FOI Request ref:  2611 / Price / Bexhill Hastings Link Road -  Hochtief
and Norwest Holst Ltd JV

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000. Your
request and our response are set out in the text boxes below. Please note
that the information is provided subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

Request:

 

In 1991 Société Générale d’Entreprises S.A. (SGE) acquired Norwest Holst,
a company founded in 1969.

 

In 2000 SGE changed its name to Vinci.

 

In June 2007, Weaver PLC became a wholly owned subsidiary of Norwest Holst
Limited.

 

In September 2008 Vinci bought the UK operations of Taylor Woodrow
Construction.

 

In May 2009 the Joint Venture contract for the Bexhill to Hastings Link
Road was awarded to Norwest Holst Ltd and Hochtief (UK) Construction Ltd.

 

The FOI response that I have received from ESCCs states that after the
joint venture had been awarded Vinci brought Taylor Woodrow construction
so that the joint venture became known as the Hochtief Taylor Woodrow
Joint venture.

 

This is my problem because it is a mistake as Vinci brought Taylor Woodrow
Construction in 2008 so there was no reason to name this as the Hochtief
Taylor Woodrow Joint Venture unless the contract had been awarded prior to
the date of May 2009.

 

Subsequently I note that there are regular invoices to Taylor Woodrow that
appear to pertain to the link road.

 

It is important that the tender process for the link road was transparent.
Due to the above confusion I need to raise an FOI request to clarify it.
The FOI request now follows;

 

I would like to know the year that any contract pertaining to the Bexhill
to Hastings Link Road was awarded to the joint venture between Hochtief
and Norwest Holst Ltd?

 

Please may I also like have a list the payments by East Sussex County
Council to either party prior to 15 June 2009? The list should have an
indication of what each payment for and the sum of each payment.

 

Please may I also have a list of payments made by East Sussex County
Council to Taylor Woodrow Civil Engineering Ltd which has a company number
of 02566610 and Hochtief which has a company number of 24489026 prior to
the above date of 15 June 2009?

 

Please can you provide details of any contract that involved a joint
venture between Hochtief and Norwest Holst Ltd providing the date that it
was awarded?

 

Please can you provide details of any contract that involved Hochtief and
Taylor Woodrow Civil Engineering Ltd providing the date that it was
awarded?

 

Please can you let me know whether or not there was ever a contract
between East Sussex County Council and Taylor Whimpey pertaining to the
Bexhill to Hastings Link Road.

 

Please can you let me know all ECI type contracts that pertain to the link
road? Please can you let me know if this means that you were following the
EU Public Procurement Directive 2004/18?

 

If it is the case that you were following the directive please can you
state which of the following procedures were used; open, restricted,
competitive dialogue, or negotiated procedure? What steps did you undergo
to ensure that the process was transparent?

 
Response:

 

I would like to know the year that any contract pertaining to the Bexhill
to Hastings Link Road was awarded to the joint venture between Hochtief
and Norwest Holst Ltd?

No contract pertaining to the Bexhill to Hastings Link Road was awarded to
a joint venture between Hochtief and Norwest Holst. During the tender
process the joint venture was known as this but at the time of award
Norwest Holst had changed their trading name to Vinci and therefore the
BHLR contract was awarded to the Hochtief Vinci Joint Venture. Vinci have
again subsequently changed their trading name in the UK to Taylor Woodrow
therefore the joint venture is now known as the Hochtief Taylor Woodrow
Joint Venture however the contract remains with Hochtief and Vinci
Construction Ltd. A copy of the letter regarding this is attached.

 

Please may I also like have a list the payments by East Sussex County
Council to either party prior to 15 June 2009? The list should have an
indication of what each payment for and the sum of each payment.

No payments at all to Norwest Holst are recorded on our systems and
company is not set up as a vendor. No payments to Hochtief Vinci
Construction JV are recorded before 15.6.09. The first payment was made on
5.10.09.

 

Please may I also have a list of payments made by East Sussex County
Council to Taylor Woodrow Civil Engineering Ltd which has a company number
of 02566610 and Hochtief which has a company number of 24489026 prior to
the above date of 15 June 2009?

No payments to Hochtief Vinci Construction JV are recorded before 15.6.09.
The first payment was made on 5.10.09. No payments at all are recorded to
Taylor Woodrow.

 

Please can you provide details of any contract that involved a joint
venture between Hochtief and Norwest Holst Ltd providing the date that it
was awarded?

To the best of our knowledge ESCC has had no contracts with a joint
venture between Hochtief and Norwest Holst Ltd.

 

Please can you provide details of any contract that involved Hochtief and
Taylor Woodrow Civil Engineering Ltd providing the date that it was
awarded?

The BHLR contract was initially awarded to Hochtief Vinci Joint Venture
however subsequently Vinci changed its trading name to Taylor Woodrow. The
initial contract was awarded on 15 May 2009. The name change took effect
as of 03 October 2012 as per the attached letter.

 

Please can you let me know whether or not there was ever a contract
between East Sussex County Council and Taylor Whimpey pertaining to the
Bexhill to Hastings Link Road.

There has not been a contract between East Sussex County Council and
Taylor Whimpey pertaining to the Bexhill to Hastings Link Road.

 

Please can you let me know all ECI type contracts that pertain to the link
road? Please can you let me know if this means that you were following the
EU Public Procurement Directive 2004/18?

The only ECI contract ESCC have that pertains to the link road is that
with the Hochtief Taylor Woodrow (previously Vinci) Joint Venture. This
followed the EU Public Procurement Directive 2004/18. The contractor may
have further ECI contracts with its suppliers and subcontractor but as it
is not a public body it is not subject to the Directive.

 

If it is the case that you were following the directive please can you
state which of the following procedures were used; open, restricted,
competitive dialogue, or negotiated procedure? What steps did you undergo
to ensure that the process was transparent?

The restricted procedure was used as part of the Procurement process. The
aim of the Directive is to provide fair and equal treatment of suppliers.
ESCC enforce this by having a robust procurement tender process the
results of which have been made available publically.

 

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  [2]Tel: 0303 123 1113.  [3]www.ico.org.uk

 

Yours sincerely

 

 

Jeremy Coleman

Freedom of Information Adviser

Room C3F

County Hall

St Anne's Crescent

Lewes

East Sussex BN7 1UE
Phone: 01273 482913
Fax: 01273 481208

email: [4][East Sussex County Council request email]   web: [5]www.eastsussex.gov.uk/foi

 

 

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This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

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3. http://www.ico.gov.uk/
4. mailto:[East Sussex County Council request email]
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