Due diligence concerning Sichuan Guodong Construction Group

The request was successful.

Dear Sheffield City Council,

Could you please advise under what legal framework this contract has been entered into? (for example, the Public Contracts Regulations, etc.)

Could you also please provide a blank copy of the template used by Sheffield City Council as part of the due diligence process to determine the suitability of this investor/contractor. I trust there should be no problem in providing a blank copy as it does not contain any commercially sensitive or confidential information, notwithstanding that SCC have provided me with this information previously with regard to the Amey PFI contract.

60年合同?你瘋了嗎?!!

Yours faithfully,
Richard Davis

FOI, Sheffield City Council

Re – Freedom of Information Request – Reference – FOI /1063
 
Dear Richard Davis,
 
Thank you for your recent request for information relating to Due
Diligence Concerning Sichuan Guodong Construction Group which we received
on 17/10/17.
 
This has been logged as a Freedom of Information Request, and will be
dealt with under the Freedom of Information Act.  The reference number for
your request can be found above.
 
The Freedom of Information Act states that we must respond to you within
20 working days, therefore, you should expect to hear a response from us
by 14/11/17.
 
In the meantime, if you have any queries please contact us on the number
below.
 
Thank you.
 
Yours sincerely,
 
Resources Business Support
Moorfoot Level 2 North Wing
Sheffield S1 4PL
Tel : 0114 20 53478
E-mail : [1][Sheffield City Council request email]
? Please don't print this e-mail unless you really need to
 
 

FOI, Sheffield City Council

Re – Freedom of Information Request – Reference – FOI /1063
 
Dear Richard Davis,
 
Thank you for your recent request for information relating to Due
Diligence Concerning Sichuan Guodong Construction Group which we received
on 17/10/17.
 
Please find below, Sheffield City Council’s response to your request:
 
Could you please advise under what legal framework this contract has been
entered into? (for example, the Public Contracts Regulations, etc.)
 
In regard to this element of your request the current negotiations and
consideration are not covered by a specific legal framework.
 
The current relationship with the Sichuan Guodong Construction Group is
fundamentally a relationship relating to land transactions which is not
regulated in the same way as contracts. As a result any agreement on
future investment and land sales will be made in accordance with the
statutory requirements around land transactions.
 
At this point only a memorandum of understanding has been signed between
Sheffield City Council and Sichuan Guodong Construction as per the details
available from
[1]http://www.sheffieldnewsroom.co.uk/sheff...
 
Could you also please provide a blank copy of the template used by
Sheffield City Council as part of the due diligence process to determine
the suitability of this investor/contractor. I trust there should be no
problem in providing a blank copy as it does not contain any commercially
sensitive or confidential information, notwithstanding that SCC have
provided me with this information previously with regard to the Amey PFI
contract.
 
In regard to this element of your request the Council does not hold a copy
of a blank template due diligence form or related paperwork as requested.
As noted above this is not a contractual relationship where modified
procurement forms would be used as per your previous FOI request and our
disclosure.
 
To put this into context we can confirm the following: Preliminary legal
due diligence was carried out by our externally appointed solicitors so as
to satisfy us as to the credibility of the person/entity with whom we
intended to do business. This did not follow a prescribed form, nor is it
in the form of questions and answers and therefore we do not hold a copy
of a blank template form as requested. As the Council remains in
negotiation with the Group no legally binding agreement is currently in
place; we also note that the make-up of a final agreement will be
dependent on how the ongoing negotiations progress. As a result the form
of any further due diligence, if required, will not be determined until we
are able to assess the type of transaction and related risk profile of the
final proposed deal. If appropriate further due diligence will occur prior
to signing the final agreement; but, it is important that any such
activity is undertaken as near to the date of entering into the binding
agreement as possible.
 
If you have any queries about this response, please do not hesitate to
contact us.
 
If you are unhappy with the response you have received in relation to your
request, you are entitled to have this reviewed.  You can ask for an
internal review by either writing to the above address or by emailing
[2][Sheffield City Council request email].
 
If you remain dissatisfied with the outcome of your internal review, you
can contact the Information Commissioners Office. The Information
Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, telephone 0303 123
1113, or for further details see their website [3]www.ico.org.uk
 
Kind Regards,
 
Resources Business Support
Moorfoot Level 2 North Wing
Sheffield S1 4PL
Tel : 0114 20 53478
E-mail : [4]FOI @sheffield.gov.uk
P Please don't print this e-mail unless you really need to
 
 
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