Freedom of info request for cardboard and paper recycling

Dear Shawn Edwards,

Information Access Request - Information Request DMBCIR:34034
Description : Cardboard and Paper Recycling

I acknowledge your request for information received on 2024-02-19
14:22:00.

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days (Freedom of
Information Act 2000/Environmental Information Regulations) or 1 month
from receipt (Data Protection access requests).

For your information, the Acts and Regulations define a number of
exemptions which may prevent release of the information you have
requested. There will be an assessment and if any of the exemption
categories apply then the information may not be released. In some
circumstances the decision to release information, or not, will be based
on a public interest test. You will be advised of any considerations,
subsequent decisions and your rights of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case,
including your rights of appeal.

Unless otherwise requested the information may be provided in electronic
format, paper copy, normal font size. If you require alternative formats,
e.g. language, audio, large print, etc. then please let me know.

There may be a fee payable for this information. This will be considered
and you will be informed if a fee is payable. In this event the fee must
be paid before the information is processed and released. The time limit
for responses is suspended until receipt of the payment.

If you have any queries or concerns then please contact the Information
Governance Officer at Dudley MBC, The Council House, Dudley, West
Midlands, DY1 1HF, telephone 0300 555 8283, e-mail
[Dudley Metropolitan Borough Council request email] .

Please remember to quote the reference number above in any future
communications.

Most of the information that we provide in response to Freedom of
Information/Environmental Information requests will be subject to
copyright protection. In most cases the copyright will be owned by Dudley
MBC. The copyright in other information may be owned by another person or
organisation, as indicated in the information itself. You are free to use
any information supplied for your own use, including for non-commercial
research purposes. The information may also be used for the purposes of
news reporting. However, any other type of re-use, for example, by
publishing the information or issuing copies to the public will require
the permission of the copyright owner.

For information where the copyright is owned by the Council details of the
conditions on re-use can be found on our website at www.dudley.gov.uk.

For information where the copyright is owned by another person or
organisation, you must apply to the copyright owner to obtain their
permission.

Yours sincerely,

The Information Governance Team
Council House
Priory Road
Dudley
West Midlands
DY1 1HF
[Dudley Metropolitan Borough Council request email]

 
Corporate Information Governance Team
3/5 St James’s Road, Dudley West Midlands. DY1 1HP
Tel: (01384) 815607  Fax: (01384) 815660
Email:[Dudley Metropolitan Borough Council request email]
[1]www.dudley.gov.uk
 

Our ref: 34034 Direct Line: 01384 816546 Date: 18/03/2024

 
 
Dear Shawn Edwards,
 
Environmental Information Regulations 2004 - Information Request 34034
 
I acknowledge your request for information received on 19/02/2024. Our
response is as follows.
 
Your Request
 
I would be most grateful if you would provide me, under the Freedom of
Information Act, details in respect to the contract below.
 
The Provision of a Confidential Waste Destruction Service, Wastepaper
Collection and General Office Waste Recycling Service - AWARD:
 
[2]https://www.contractsfinder.service.gov....
 
The details we require are:
•       What are the contractual performance KPI's for this contract?
•       Current annual volume in tonnes?
•       How the material is presented?
•       Suppliers who applied for inclusion on each framework/contract and
were successful & not successful at the PQQ & ITT stages
•       Actual spend on this contract/framework (and any sub lots), from
the start of the contract to the current date
•       Start date & duration of framework/contract?
•       Could you please provide a copy of the service/product
specification given to all bidders for when this contract was last
advertised?
•       Is there an extension clause in the framework(s)/contract(s) and,
if so, the duration of the extension?
•       Has a decision been made yet on whether the
framework(s)/contract(s) are being either extended or renewed?
•       Who is the senior officer (outside of procurement) responsible for
this contract?
 
 
Our Response
 
Your request is currently being processed; unfortunately the Council is
experiencing a delay in completing its reply to you.
 
We are currently considering the application of Exception 12(5)(e) under
the Environmental Information Regulations 2004 in our response; we aim to
provide our completed reply to you within 10 working days and we would
like to apologise for the delay in completing our response.
 
 
If you are unhappy with the service you have received in relation to your
request and wish to make a comment or complaint, or request a review of
the decision, you should write to the Environmental Information
Regulations Officer at Dudley MBC, The Council House, Dudley, West
Midlands, DY1 1HF, telephone 0300 555 2345, e-mail
[3][Dudley Metropolitan Borough Council request email]. 
 
Please remember to quote the reference number above in any future
communications.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by Dudley MBC.
 
The Information Commissioner may be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow 
Cheshire 
SK9 5AF
Telephone:   0303 123 1113
[4]www.ico.org.uk
 
Most of the information that we provide in response to Environmental
Information Regulations 2004 requests will be subject to copyright
protection.  In most cases the copyright will be owned by Dudley MBC. The
copyright in other information may be owned by another person or
organisation, as indicated in the information itself.  You are free to use
any information supplied for your own use, including for non-commercial
research purposes.  The information may also be used for the purposes of
news reporting.  However, any other type of re-use, for example, by
publishing the information or issuing copies to the public will require
the permission of the copyright owner.
 
For information where the copyright is owned by the Council details of
the conditions on re-use can be found on our website at
[5]www.dudley.gov.uk.
 
For information where the copyright is owned by another person or
organisation, you must apply to the copyright owner to obtain their
permission.
Please note that the Environmental Information Regulations provide a right
to access Information held by the Council and/or Information held by the
Council on behalf of another person.  Comments, observations and
interpretation by officers, provided in order to assist you in
understanding the information held, is given in good faith and is based
upon records held by Dudley Metropolitan Borough Council, it may comprise
or include information collated from a number of sources, the accuracy of
which is not always known. Neither the Council nor any of its Officers can
be held responsible for the accuracy or completeness of this additional
information provided, nor can it or they accept any liability for loss or
damage arising from the use of the information, except where such loss or
damage is due to its or their negligence.
 
Yours sincerely,
 
 
Steven Attwood
Information Governance Officer
 
Corporate Information Governance Team
Dudley Council
The Council House
Priory Road
Dudley
West Midlands
DY1 1HF
01384 81 6546
 
[6]www.dudley.gov.uk
 
 
 
This Email and any attachments contains confidential information and is
intended solely for the individual to whom it is addressed. If this Email
has been misdirected, please notify the author as soon as possible. If
this email has a protective marking of OFFICIAL – SENSITIVE, PROTECT or
RESTRICTED in its title or contents, the information within must be
subject to appropriate safeguards to protect against unauthorised or
unlawful processing and against accidental loss or destruction or damage.
OFFICIAL – SENSITIVE, PROTECT and RESTRICTED information should only be
further shared where there is a legitimate need. If you are not the
intended recipient you must not disclose, distribute, copy, print or rely
on any of the information contained, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti- virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. The author will not accept any liability for damage caused by
computer viruses emanating from any attachment or other document supplied
with this e-mail.

Please consider the environment - do you need to print this e-mail?

References

Visible links
1. http://www.dudley.gov.uk/
2. https://www.contractsfinder.service.gov....
3. mailto:[Dudley Metropolitan Borough Council request email]
4. http://www.ico.org.uk/
5. http://www.dudley.gov.uk/
6. http://www.dudley.gov.uk/

 
Corporate Information Governance Team
3/5 St James’s Road, Dudley West Midlands. DY1 1HP
Tel: (01384) 815607  Fax: (01384) 815660
Email:[Dudley Metropolitan Borough Council request email]
[1]www.dudley.gov.uk
 

Our ref: 34034 Direct Line: 01384 816546 Date: 20/03/2024

 
 
Dear Shawn Edwards,
 
Environmental Information Regulations 2004 - Information Request 34034
 
I acknowledge your request for information received on 19/02/2024. Our
response is as follows.
 
Your Request and Our Response
 
Your request is provided below in black type and our response is detailed
in-line in blue type.
 
I would be most grateful if you would provide me, under the Freedom of
Information Act, details in respect to the contract below.
 
The Provision of a Confidential Waste Destruction Service, Wastepaper
Collection and General Office Waste Recycling Service - AWARD:
 
[2]https://www.contractsfinder.service.gov....
 
Regarding this question in your enquiry:
 
•       Suppliers who applied for inclusion on each framework/contract and
were successful & not successful at the PQQ & ITT stages
 
As referred to above, your request has been handled in accordance with the
Environmental Information Regulations (EIR).  The EIR provides you with a
right of access to environmental information.  That right of access is
subject to a number of exceptions, which allow a public Council to
withhold information.
 
In this case, the following exception has been applied to exempt
information:
 
Regulation 12(5)(e) – Commercial or Industrial Information where the names
of unsuccessful bidders to the contract are held.
 
Regulation 12(5)(e) of the EIR allows the Council to refuse to disclose
recorded information where the disclosure would adversely affect “the
confidentiality of commercial or industrial information where such
confidentiality is provided by law to protect a legitimate economic
interest.”
 
For this exception to apply, the following conditions need to be met:
 

• The information must be commercial or industrial in nature;
• It must be subject to confidentiality which is provided by law;
• That confidentiality must protect a legitimate economic interest; and;
• The confidentiality be adversely affected by the disclosure of the
information.

 
The information you seek is specified information which is prohibited from
disclosure under Regulation 43 of The Public Contracts Regulations 2015.
Regulation 43 states that a contracting authority shall not disclose
information forwarded to it by an economic operator which the economic
operator has reasonably designated as confidential. In this regulation,
confidential information includes confidential aspects of tenders.
 
In accordance with the regulations this letter constitutes a partial
Refusal Notice for the material you have requested.
 
 
Regarding the remainder of your request, the Council is able to provide
the following response.
 
The details we require are:
•       What are the contractual performance KPI's for this contract?
 
•       Provide evidence to support any proposed price increases within
the set time frame (4 weeks prior to proposed increase) and to be
presented in a clear and precise format (100%)
•       Management Information - Provided in time for contract review
meetings (98%)
•       Accuracy of Invoicing (99%)
•       Provision of Waste Transfer Notes /Certificates of Waste
Destruction (100%)
 
•       Current annual volume in tonnes?
 
This information is not held.
 
•       How the material is presented?
 
This information is not held.
 
•       Suppliers who applied for inclusion on each framework/contract and
were successful & not successful at the PQQ & ITT stages
 
There was no PQQ stage; the successful bidder was Shredall (East Midlands)
Ltd (this name is already publicly available via the link you have
provided in your request, under the heading ‘Award Information’).
 
•       Actual spend on this contract/framework (and any sub lots), from
the start of the contract to the current date
 
£29,153.59
 
•       Start date & duration of framework/contract?
 
From 1st April 2023 to 31st March 2026
 
•       Could you please provide a copy of the service/product
specification given to all bidders for when this contract was last
advertised?
 
Please find attached a copy of the document requested.
 
 
•       Is there an extension clause in the framework(s)/contract(s) and,
if so, the duration of the extension?
 
Option to extend for a further two, one-year periods.
 
•       Has a decision been made yet on whether the
framework(s)/contract(s) are being either extended or renewed?
 
No.
 
•       Who is the senior officer (outside of procurement) responsible for
this contract?
 
Richard Sharman, Building Management Section Manager.
 
We would like to apologise for the delay in completing the Council's
response to you.
 
 
If you are unhappy with the service you have received in relation to your
request and wish to make a comment or complaint, or request a review of
the decision, you should write to the Environmental Information
Regulations Officer at Dudley MBC, The Council House, Dudley, West
Midlands, DY1 1HF, telephone 0300 555 2345, e-mail
[3][Dudley Metropolitan Borough Council request email]. 
 
Please remember to quote the reference number above in any future
communications.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by Dudley MBC.
 
The Information Commissioner may be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow 
Cheshire 
SK9 5AF
Telephone:   0303 123 1113
[4]www.ico.org.uk
 
Most of the information that we provide in response to Environmental
Information Regulations 2004 requests will be subject to copyright
protection.  In most cases the copyright will be owned by Dudley MBC. The
copyright in other information may be owned by another person or
organisation, as indicated in the information itself.  You are free to use
any information supplied for your own use, including for non-commercial
research purposes.  The information may also be used for the purposes of
news reporting.  However, any other type of re-use, for example, by
publishing the information or issuing copies to the public will require
the permission of the copyright owner.
 
For information where the copyright is owned by the Council details of
the conditions on re-use can be found on our website at
[5]www.dudley.gov.uk.
 
For information where the copyright is owned by another person or
organisation, you must apply to the copyright owner to obtain their
permission.
Please note that the Environmental Information Regulations provide a right
to access Information held by the Council and/or Information held by the
Council on behalf of another person.  Comments, observations and
interpretation by officers, provided in order to assist you in
understanding the information held, is given in good faith and is based
upon records held by Dudley Metropolitan Borough Council, it may comprise
or include information collated from a number of sources, the accuracy of
which is not always known. Neither the Council nor any of its Officers can
be held responsible for the accuracy or completeness of this additional
information provided, nor can it or they accept any liability for loss or
damage arising from the use of the information, except where such loss or
damage is due to its or their negligence.
 
Yours sincerely,
 
 
Steven Attwood
Information Governance Officer
 
Corporate Information Governance Team
Dudley Council
The Council House
Priory Road
Dudley
West Midlands
DY1 1HF
01384 81 6546
 
[6]www.dudley.gov.uk
 
 
 
This Email and any attachments contains confidential information and is
intended solely for the individual to whom it is addressed. If this Email
has been misdirected, please notify the author as soon as possible. If
this email has a protective marking of OFFICIAL – SENSITIVE, PROTECT or
RESTRICTED in its title or contents, the information within must be
subject to appropriate safeguards to protect against unauthorised or
unlawful processing and against accidental loss or destruction or damage.
OFFICIAL – SENSITIVE, PROTECT and RESTRICTED information should only be
further shared where there is a legitimate need. If you are not the
intended recipient you must not disclose, distribute, copy, print or rely
on any of the information contained, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti- virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. The author will not accept any liability for damage caused by
computer viruses emanating from any attachment or other document supplied
with this e-mail.

Please consider the environment - do you need to print this e-mail?

References

Visible links
1. http://www.dudley.gov.uk/
2. https://www.contractsfinder.service.gov....
3. mailto:[Dudley Metropolitan Borough Council request email]
4. http://www.ico.org.uk/
5. http://www.dudley.gov.uk/
6. http://www.dudley.gov.uk/