Contingent Labour ONE call off contracts

The request was successful.

Dear Sirs

Please can you provide under the Freedom of Information Act a copy of any Call Off Contracts entered into by your organisation with Capita Business Services Limited, Brook Street (UK) Limited and Hays Specialist Recruitment Limited for the provision of services under the Contingent Labour ONE framework (RM960).

For the avoidance of doubt, I am interested in any master agreements signed with Capita, Brook Street and Hays and not agreements for the provision of individual contractors.

To avoid any concerns about Data Protection, please feel free to redact the Contact Reference, Account Manager and the Key Personnel from section 3.1.

I look forward to hearing from you shortly.

Yours faithfully

Alan Jones

Department for Transport

Dear Alan,

I am writing to acknowledge receipt of your request for information which
has been allocated reference number P0014921.

A response will be issued to you in due course.

Regards,

Department for Transport
FOI Advice Team
Information & Security Division
Zone D/04
Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

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Procurement_FOIs, Department for Transport

2 Attachments

Dear Alan

 

Please find attached response (1 x PDF document) to your recent FOI
request on the above subject.

 

Regards

 

 

[1][IMG]          Procurement FOI Team 
Group Commercial Services, Procurement, Property, IT,
Information and Security 

2/29, Great Minster House
33 Horseferry Road, London, SW1P 4DR  
[2]Follow us on twitter @transportgovuk 

 

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Dear Sirs

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Transport's handling of my FOI request 'Contingent Labour ONE call off contracts'.

I asked for copies of specific call off contracts between the Department and the three suppliers on the Contingent Labour ONE framework agreement, namely Capita Business Services Limited, Brook
Street (UK) Limited and Hays Specialist Recruitment Limited. This request was refused by your procurement FOI team stating that the information was reasonably accessible to me, and claiming a Section 21 exemption. They stated that contracts information relating to the Department could be found at https://www.contractsfinder.service.gov.uk.

As you will no doubt be aware, Contracts Finder is a repository used across the public sector, and contains many thousands of documents. The search facility on Contracts Finder is rudimentary and hence finding three specific contracts on this huge site is virtually impossible. In Christopher Ames v Information Commissioner and the Cabinet Office (EA/2007/0110, 24 April 2008), the applicant sought specific information from the Cabinet Office and was advised that this was available on a similar huge web site and hence the CO claimed a s21 exemption. The Information Tribunal found that s21 was not appropriate in such a case, as this did not accord with the aim of the exemption that the information should be reasonably accessible. The Information Commissioner's guidance on s21 states that even if information may be published elsewhere, it is only reasonably accessible if you know that the applicant has already found the information or if you are "able to provide the applicant with precise directions to the information so that it can be found without difficulty" and go on to state that "when applying section 21 in this context, the key point is that the authority must be able to provide directions to the information."

Merely stating that the information is somewhere on Contracts Finder clearly does not satisfy this. Please therefore can you either respond to the FOI request and send me the call off contracts or provide me with the precise URLs to where the contracts can be found on Contracts Finder. (If they are that easy to find, it should only take a few moments for your procurement team to send me the direct links.)

I should like to point out that the Information Commissioner considers that "a reasonable time for completing an internal review is 20 working days from the date of the request for review". This internal review is very straightforward - you simply need to ascertain whether it is easy to find the information on Contracts Finder and if not instruct your procurement FOI team to find the contracts. I would therefore hope that you would be able to meet the original date for the FOI response of 18/7/17, or at the very latest 20 days from today.

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

Yours faithfully,

Alan Jones

Procurement_FOIs, Department for Transport

10 Attachments

Dear Alan Jones

 

Thank you for your email of 4 July in which you requested an Internal
Review of the Department for Transport’s handling of your recent FOI
request (case reference number F0014921).

 

I am upholding your complaint and apologise for the fact that the
Department’s original response cited the Section 21 exemption without
providing direct links to the specific information you requested.

 

Please find attached copies of the Department for Transport Call Off
Contracts entered into with Capita Business Services Limited and Brook
Street (UK) Limited for the provision of services under the Contingent
Labour ONE framework (RM960). The Department for Transport have no
agreement with and Hays Specialist Recruitment Limited under the
Contingent Labour ONE.

 

The names of junior officials below the Senior Civil Service and third
party individuals not in public-facing roles have been withheld under
section 40(2) of the Freedom of Information Act 2000 on the grounds that
it would be unfair in terms of the first data protection principle to
disclose their names.  

 

If you are not content with the outcome of this internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

 Information Commissioner’s Office

 Wycliffe House

 Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Regards

 

 

[1][IMG]          Procurement FOI Team 
Group Commercial Services, Procurement, Property, IT,
Information and Security 

2/29, Great Minster House
33 Horseferry Road, London, SW1P 4DR  
[2]Follow us on twitter @transportgovuk 

 

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Dear Sirs

Thank you for your response.

I note the document "1b Capita Signed DFT CL1 Extension to June 2018 redacted.pdf" which extends the expiry date to 18 June 2018 and purports to delete clause 4.2 which states that no new assignments can be started after 18 December 2018. Please can you advise whether this document has been signed on behaf of the Department and the actual day it was signed (I see that there is a date written in on the document for your signature but I should like to check whether it was actually signed on that date).

Yours sincerely,

Alan Jones

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