Dear Mario Gomes

Thank you for your enquiry.

WBC are now directly engaging on the renewal process for their Refuse
Collection Service contract, starting with a immediate planned pre market
engagement to achieve full openness, competition, compliance and probity.
The information requested below will form WBC’s contract profile and will
be public facing in 2024 and available to satisfy the FOI. Contract budget
and period dates are available on the WBC Contract Register, The Chest.

We therefore rely upon Section 22 of the Freedom of Information Act 2000,
‘information intended for future publication’.

Section 22 is a qualified, class-based exemption and is therefore subject
to a public interest test. The legislation states that a definitive date
for publication does not need to be set, but that the public body should
be in receipt of the information and have a settled intention to release
it into the public domain.  The public interest arguments for disclosure
are there is a generic public interest in accountability and transparency
as it involves public expenditure and public benefit. It also allows a
greater degree of scrutiny over how public money is spent, while
contributing to transparency over how decisions have been reached.

The public interest factors for withholding the information include the
fact that premature disclosure of information ahead of the tender process
could lead to unfair advantages being provided or any changes in the
specification would limit the number of suitable bids being received. This
would not be in the best commercial interests of the suppliers, the
Council or the public as disclosing inaccurate or premature information
could result in suppliers choosing not to tender for future opportunities.
We strongly believe that, as a local authority, this would not be in the
public interest as it is important we are able to secure the best quality
and value for money contracts possible.

It is the Council’s opinion that the public interest factors in favour of
withholding the requested information outweigh those in favour of
disclosure. This information is thereby considered exempt under Section 22
of the Freedom of Information Act 2000.  You have the right under Section
17 of the Act to ask for an internal review in respect of this refusal of
your request for information. This should be sent to:
[1][Wirral Borough Council request email]. If you are dissatisfied with the
result of your internal review, you also have the right to complain to the
Information Commissioner, [2]www.ico.org.uk

Yours sincerely

Lynette Paterson

Principal Information Management Officer

Finance – Digital and Improvement

Wirral Council

PO Box 290
Brighton Street
Wallasey
CH27 9FQ

Email: [3][Wirral Borough Council request email]

Visit our website: [4]www.wirral.gov.uk

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References

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1. mailto:[Wirral Borough Council request email]
2. http://www.ico.org.uk/
3. mailto:[Wirral Borough Council request email]
4. http://www.wirral.gov.uk/