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Bid documentation for Hornsey Town Hall procurement

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Dear Haringey Borough Council,

In respect of: FEC bid / OJEU procurement / Hornsey Town Hall

I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act 2000.

1. Can you supply a copy of the successful bid made by Far East Consortium International Ltd (FEC), or related company or SPV, for the OJEU procurement for Hornsey Town Hall (HTH) in 2016.

2. In particular I would like to view the entire 'quality' section of the FEC bid.
This to include, but not limited to, masterplan, density, analysis of mixed uses, phasing of development, design and maintenance of public realm, the planning strategy, the business plans and assumptions for the business uses (arts, community and hotel), the proposed organisational structure, marketing strategies, and the statements and proposals on community use and access.

3. Further, can you supply any communications or documents which pertain to the business case (including feasibility studies etc) for an arts centre or community centre or hotel in Hornsey Town Hall - this to include documents sent to bidders during and prior to the tendering period.

For clarification, I would accept reasonable redactions of figures in business plans, but wish to see, a) the rationale for the proposed uses of the Town Hall, including arts centre or community center, and hotel, b) the specific detailed proposal of uses as identified in the bid documentation.

In my view, and in accordance with the provisions contained within the OJEU bid documentation, and the HMG guidance on FOI requests and civil procurements, this FOI request is clearly in the public interest, and the bid details should now be available. In particular, -
a). That this is a public procurement with a significant element of indirect public funding. However, no detailed information about the proposed uses and activities planned for HTH is in the public domain. This is not compliant with the authorities code of transparency.
b). The sustainability of the proposed business uses of HTH are key planning considerations, and the bidder is due shortly to submit planning applications.
c). This FOI request largely pertains to the procurement tendering phase covering information produced and received by the authority as part of the tendering activity. This phase began with the issued OJEU notice and ended with the preferred supplier being selected. The information can therefore be released.

If the release of any of this information remains embargoed, I ask that you supply me with copies of the confidentiality agreements made between Haringey and FEC, and remind you that information should not be treated as confidential if such an agreement has not been signed or has now lapsed.

I understand that you are required to respond to my request within the 20 working days after you receive this letter. I would be grateful if you could confirm that you have received this request.

Yours faithfully,
Mark Afford

Haringey Borough Council

Dear Mr Afford

 

Freedom of Information / Environmental Information Regulations Request:
LBH/6428617

 

I acknowledge your request for information received on 14 July 2017.

 

This information request will be dealt with in accordance with the Freedom
of Information Act 2000 / Environmental Information Regulations and we
will send the response by 11 August 2017

 

Yours sincerely,

 

 

 

Feedback and Information Governance

 

Shared Service Centre | Central Team

Haringey Council 

10th Floor, Alexandra House, 10 Station Road, Wood Green, London N22 7TR

 

www.haringey.gov.uk

twitter@haringeycouncil

facebook.com/haringeycouncil

 

 

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Dear Haringey Borough Council,

Freedom of Information / Environmental Information Regulations Request:
LBH/6428617

A response to this request was due by August 11th, may I ask that the information request is followed up without further delay?

Once again, this request pertains to the HTH procurement tendering phase covering information produced and received by the authority as part of the tendering activity. This phase began with the issued OJEU notice and ended with the preferred supplier being selected. The information can therefore be released.

Yours faithfully,
Mark Afford

Edgar Susan, Haringey Borough Council

 

 

Dear Mr Afford,

Re: Freedom of Information Act Request ref: LBH/6428617

 

Thank you for your request for information received on 14 July 2017, in
which you asked for the following information:

 

1. Can you supply a copy of the successful bid made by Far East Consortium
International Ltd (FEC), or related company or SPV, for the OJEU
procurement for Hornsey Town Hall (HTH) in 2016.

 

2. In particular I would like to view the entire 'quality' section of the
FEC bid.

This to include, but not limited to, masterplan, density, analysis of
mixed uses, phasing of development, design and maintenance of public
realm, the planning strategy, the business plans and assumptions for the
business uses (arts, community and hotel), the proposed organisational
structure, marketing strategies, and the statements and proposals on
community use and access.

 

3. Further, can you supply any communications or documents which pertain
to the business case (including feasibility studies etc) for an arts
centre or community centre or hotel in Hornsey Town Hall - this to include
documents sent to bidders during and prior to the tendering period.

 

 

My response is as follows:

 

1.    I am able to confirm that we hold the information requested, which
is the successful bid provided by Far East Consortium International Ltd.

 

      We consider this information is exempt from the Freedom of
Information Act under Section 43 (2) of that Act as Section 43 of the
Freedom of Information Act allows us to withhold            information if
to provide it would be likely to prejudice the commercial interests of any
person and it is in the public interest to withhold the information. We
think that to disclose the            information requested regarding the
preferred bidder would prejudice the commercial interests of the preferred
bidder - the bidder’s response to the tender reflects directly on their
          bidding style and therefore is confidential and in addition to
this some questions include commercially sensitive information. We do not
believe it would be in the public interest for this      information to be
placed in the public domain because the Hornsey Town Hall is listed as an
asset of community value and therefore a community group has exercised its
right to bid          for the project as the deal with Far East Consortium
International Ltd (FEC) has not yet completed, releasing FEC’s bid while
another group are still able to submit a bid would not be          in the
public interest.    

 

2.    I am able to confirm that we hold the information requested, which
are included within the successful bid provided by Far East Consortium
International Ltd.

 

      We consider this information is exempt from the Freedom of
Information Act under Section 43 (2) of that Act as Section 43 of the
Freedom of Information Act allows us to withhold            information if
to provide it would be likely to prejudice the commercial interests of any
person and it is in the public interest to withhold the information. We
think that to disclose the            information requested regarding the
preferred bidder would prejudice the commercial interests of the preferred
bidder - the bidder’s response to the tender reflects directly on their
          bidding style and therefore is confidential and in addition to
this some questions include commercially sensitive information. We do not
believe it would be in the public interest for this      information to be
placed in the public domain because the Hornsey Town Hall is listed as an
asset of community value and therefore a community group has exercised its
right to bid          for the project as the deal with Far East Consortium
International Ltd (FEC) has not yet completed, releasing FEC’s bid while
another group are still able to submit a bid would not be          in the
public interest.    

 

3.    There were no documents of this nature sent to bidders during and
prior to the tendering period.  The bidders responded to the questions set
out within the tender documents only and as set out above their tender
responses to these questions cannot be provided.

 

This letter is a refusal notice as required by the Freedom of Information
Act.

 

If you are unhappy with how we have responded to your request you can ask
us to conduct an Internal Review. If so, please contact the Feedback and
Information Team as below. . (Please note you should do this within two
months of receiving this response.)   

 

Feedback and Information Team

10th Floor, Alexandra House

10 Station Road

London

N22 7TR

E [1][email address]

 

 

You may also complain to the Information Commissioner’s office, who may be
able to help you.  However they would normally expect the local authority
to have undertaken a complaint investigation or Internal Review of the
request before they will accept the referral. 

 

You can contact the Commissioner at:

 

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

E [2][email address]

W [3]www.ico.org.uk

 

 

Yours sincerely,

 

 

Laura Bridges.

Head of Strategic Property

Haringey Council

River Park House, 6^th Floor,  225 High Road, N22 8HQ

 

Tel: 020 8489 4997

E  [4][email address]

[5]www.haringey.gov.uk

[6]twitter@haringeycouncil

[7]facebook.com/haringeycouncil

 

P Please consider the environment before printing this email.

 

 

 

 

 

               

 

L.Bashir left an annotation ()

I work in bidding and the reply given by Haringey council is incorrect. All bids are publicly available after award, except for the financial section. The original request asked for the quality section!

I would escalate this to the IOC if I was you.

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