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Defined Cost and Uplift Again

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Dear Highways England Company Limited,

The ICO says you didn't have the defined cost rates when I asked for information before. When did you discover this, why don't you have rates, what have you done about it and what rates do you have now? I am asking for all the information.

Yours faithfully,

John Stephenson

Highways England, Highways England Company Limited

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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

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6. mailto:[Highways England request email]

Khan, Rizwana, Highways England Company Limited

Dear Mr Stephenson

Thank you for your request for information about defined cost and uplift
again dated 10 February 2020. I am dealing with it under the terms of the
Freedom of Information Act 2000/Environmental Information Regulations
2004.

The due date for issuing a response is 9 March 2020.

 

If you have any queries about this letter, please contact me. Please
remember to quote reference number 100815 in any future communications.

Kind regards

Rizwana Khan

Principles, Systems and Governance

Commercial & Procurement Improvement Division
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702482 | Mobile: + 44 (0) 773 898 0858
Web: [1]http://www.highways.gov.uk

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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3. mailto:[Highways England request email]

Khan, Rizwana, Highways England Company Limited

Dear Mr Stephenson

 

I am writing regarding your request for information received on 8 Feb
2020.  In that request, you asked us for Defined cost and uplift again.

 

I will be unable to proceed with your request without clarification of the
information you wish to receive. When you asked what rates do you have
now, please can you clarify if you are asking for what defined cost rates
Highways England have now?

 

Please note that if I do not receive appropriate clarification of your
information requirements within three months from the date of this letter,
then I will consider your request closed.

 

If you wish to discuss any of the above, please contact me. Please
remember to quote reference number 100815 in any future communications.

 

Yours sincerely

 

Rizwana Khan

Principles, Systems and Governance

Commercial & Procurement Improvement Division
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702482 | Mobile: + 44 (0) 773 898 0858
Web: [1]http://www.highways.gov.uk

 

 

 

From: Khan, Rizwana
Sent: 11 February 2020 09:27
To: [FOI #644691 email]
Cc: FOI Advice <[email address]>; C&P CCC
<C&[email address]>
Subject: Your FOI 100815 request - Acknowledgement

 

Dear Mr Stephenson

 

Thank you for your request for information about defined cost and uplift
again dated 10 February 2020. I am dealing with it under the terms of the
Freedom of Information Act 2000/Environmental Information Regulations
2004.

 

The due date for issuing a response is 9 March 2020.

 

If you have any queries about this letter, please contact me. Please
remember to quote reference number 100815 in any future communications.

 

Kind regards

 

Rizwana Khan

Principles, Systems and Governance

Commercial & Procurement Improvement Division
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702482 | Mobile: + 44 (0) 773 898 0858
Web: [2]http://www.highways.gov.uk

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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References

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1. http://www.highways.gov.uk/
2. http://www.highways.gov.uk/
3. https://www.gov.uk/government/organisati...
4. mailto:[Highways England request email]

Dear Khan, Rizwana,

Dear Highways England Company Limited,

The ICO says you didn't have the defined cost rates when I asked for information before. When did you discover this, why don't you have rates, what have you done about it and what rates do you have now? I am asking for all the information about the rates you have for repairs.

Yours faithfully,

John Stephenson

CandP CCC, Highways England Company Limited

1 Attachment

Dear  Mr Stephenson

Please find attached a response to your FOI dated 15 September.

Kind regards

 

Arshad Hussain

 

Arshad Hussain

Improvement Business Support Commercial and Procurement

Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Tel: +44 (0300) 470 3098  | Mobile: + 44 (0) 7702972848
Web: [1]http://www.highways.gov.uk

Ext 3098

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
need to.

References

Visible links
1. http://www.highways.gov.uk/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

Dear Highways England Company Limited,

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

I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Defined Cost and Uplift Again'.

you've only dealt with part of my request.

the ICO says you didn't have the defined cost rates when I asked for information before. When did you discover this, why don't you have rates, what have you done about it and what rates do you have now? I am asking for all the information about the rates you have for repairs.

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

Yours faithfully,

John Stephenson

Mr P Swift left an annotation ()

the response reads:
We are writing regarding your request for information dated 15 September 2020. Highways England has considered your request under the terms of the Freedom of Information Act 2000 (FOIA). You asked;
Dear Highways England Company Limited, The ICO says you didn't have the defined cost rates when I asked for information before. When did you discover this, why don't you have rates, what have you done about it and what rates do you have now? I am asking for all the information.
I am writing to advise you that I have established that the Highways England Asset Support Contracts (ASC) have never held Schedules of Rates (SOR) or Schedules of Defined Cost Rates for Green Claim Repairs. This was confirmed by a First Tier Tribunal Decision of 12 December 2019.
Highways England has declined to provide the SOR from the ASC as they are considered as commercially sensitive and not relevant to payment of Green Claim Repairs. This position was confirmed as reasonable by a First Tier Tribunal in 2 December 2018.
The SOR contained in the ASC is used as part of the contract tender evaluation process, to determine a target price for schemes where the pain/gain share mechanism is used, and in Green Claims to estimate if a repair cost is likely to above or below the contract threshold.
In ASC, schemes and Green Claim repairs above threshold are paid for using Defined Cost plus Fee. Scheme cost are generally adjusted in line with the pain/gain share mechanism while Green Claims costs are not.
This is in line with the operational design of the ASC.

Mr P Swift left an annotation ()

Highways England Asset Support Contracts (ASC) have Schedules of Rates (SOR) you just have to get past the semantics and ensure your request extends to ‘Information held on behalf of’. Schedules are held as excel documents, linking the pricing presentation – a CBD in the case of Kier.

The Authority is aware that a First Tier Tribunal Decision of 12 December 2019 did NOT extend to all Areas but that the request dealt with a single Kier matter, in Area 3.

Furthermore, the CBD presented for the Area 3 matter appears to have been tampered with. It seems as though someone removed all references within the spreadsheet to external datasets (linked./reference workbooks) i.e. schedules of rates.

You only need look at the agreed judgement (Harrison) http://www.englandhighways.co.uk/200821-... para 6iv iv):

‘For repairs valued in excess of £10,000 Highways England are charged by Kier using contractually agreed rates.’

But there is a further set of rates, a set of rates that Kier uses to charge Third parties and the Authority uses when issuing Court proceedings:

‘7. The claims before me have concerned Kier bringing claims in the name of Highways England in respect of claims worth less than £10,000. In so doing they have claimed the diminution in value of the chattel owned by Highways England and have valued that diminution by reference to rates other than those agreed between themselves and Highways England for repairs in excess of £10,000.’

So there are ‘contractually agreed rates’ – or so Kier or the Authority told the Judge.

It would appear that, at the very least, the rates are held on Kier’s ‘shared drive’ (whether it is shared with HE is unknown).

Dear CandP CCC,

There's an annotation on this request:-

Highways England Asset Support Contracts (ASC) have Schedules of Rates (SOR) you just have to get past the semantics and ensure your request extends to ‘Information held on behalf of’. Schedules are held as excel documents, linking the pricing presentation – a CBD in the case of Kier.

The Authority is aware that a First Tier Tribunal Decision of 12 December 2019 did NOT extend to all Areas but that the request dealt with a single Kier matter, in Area 3.

Furthermore, the CBD presented for the Area 3 matter appears to have been tampered with. It seems as though someone removed all references within the spreadsheet to external datasets (linked./reference workbooks) i.e. schedules of rates.

You only need look at the agreed judgement (Harrison) http://www.englandhighways.co.uk/200821-... para 6iv iv):

‘For repairs valued in excess of £10,000 Highways England are charged by Kier using contractually agreed rates.’

But there is a further set of rates, a set of rates that Kier uses to charge Third parties and the Authority uses when issuing Court proceedings:

‘7. The claims before me have concerned Kier bringing claims in the name of Highways England in respect of claims worth less than £10,000. In so doing they have claimed the diminution in value of the chattel owned by Highways England and have valued that diminution by reference to rates other than those agreed between themselves and Highways England for repairs in excess of £10,000.’

So there are ‘contractually agreed rates’ – or so Kier or the Authority told the Judge.

It would appear that, at the very least, the rates are held on Kier’s ‘shared drive’ (whether it is shared with HE is unknown).

I am asking for a review cause you have not answered all the points and now because there's info' you've not sent.

Yours sincerely,

John Stephenson

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Stephenson,

 

Please find attached the internal review ref. IR 101411 of your freedom of
information request ref. FOI 101411.

 

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

Web: [1]http://highwaysengland.co.uk

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[2]https://www.gov.uk/government/organisati... |
[3][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
need to.

References

Visible links
1. http://highwaysengland.co.uk/
2. https://www.gov.uk/government/organisati...
3. mailto:[Highways England request email]

We don't know whether the most recent response to this request contains information or not – if you are John Stephenson please sign in and let everyone know.