Freedom of info request for cardboard and paper recycling

Shawn Edwards made this Freedom of Information request to Lancashire County Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was successful.

Dear Lancashire County Council,
I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.
https://www.sell2wales.gov.wales/search/...
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?

Thank you for your help.

Yours faithfully,

Shawn Edwards

Freedom of Information, Lancashire County Council

Hello,

 

REQUEST FOR INFORMATION

 

We are writing to acknowledge receipt of your enquiry dated Monday 19^th
February 2024, in which you request the disclosure of information.

 

We can confirm that your enquiry will now be assigned to an officer who
will commence a search for the information you require and they will
respond before the 20-working day deadline of Tuesday 19^th March 2024.
Should we envisage any delays, or require more details from you, we will
contact you immediately.

 

If you have any queries about the above, please do not hesitate to contact
us, quoting reference 7387288 (JA).

 

Yours sincerely,

 

Information Governance Team

Lancashire County Council

[1]www.lancashire.gov.uk

[2][Lancashire County Council request email]

 

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Freedom of Information, Lancashire County Council

1 Attachment

Dear Shawn,

 

Request for information under the Freedom of Information Act 2000

 

Further to your request for information, made under the provisions of the
above Act, please see below our response.

 

Request and Response:

 

Request

 

I would be most grateful if you would provide me, under the Freedom of
Information Act, details in respect to the contract below.

 

[1]https://eur03.safelinks.protection.outlo...

 

• What are the contractual performance KPI's for this contract?

 

The Framework Agreement service consists of collection, transportation,
weighing and Recycling of Waste Cardboard and Waste Mixed Papers arising
from the Authority Waste Facilities, delivered to a Provider's Facility by
the Provider, for each Lot.

 

Although there are no specific KPI's, service requirements are detailed
within the Specification of the Framework Agreement (Specification
provided in response to a later question).

 

In the event of any failure by the Provider to deliver the Services
(considered as a reduction in the level of service required under the
Agreement) Service Performance Failures and potential subsequent Default
Notices will be issued.

 

• Current annual volume in tonnes?

 

We do not hold this information as the Service Commencement Date is not
until 1^st April 2024, so there are no current annual tonnage volumes.
Estimated tonnages as provided in the ITT are;

 

Lot 1 – Preston Transfer Station and Farington Waste Recovery Park

Preston Transfer Station Estimated Tonnage

Waste Cardboard       - 2652 Tonnes

Waste Mixed Papers  - 232 Tonnes

Farington Waste Recovery Park Estimated Tonnage

Waste Cardboard       - 2046 Tonnes

Waste Mixed Papers  - N/A

 

Lot 2 – Middleton Transfer Station

Middleton Transfer Station Estimated Tonnage

Waste Cardboard       - 809 Tonnes

Waste Mixed Papers  - 32 Tonnes

 

• How the material is presented?

 

Waste Cardboard and Waste Mixed Papers are deposited into skips by members
of the public at Household Waste Recycling Centres before being
transported to the Authority Waste Facilities. Material is then stored
loose at the Authority Waste Facilities for subsequent collection by the
Provider.

 

• Suppliers who applied for inclusion on each framework/contract and were
successful & not successful at the PQQ & ITT stages

 

In respect of successful suppliers, the Find a Tender Contract Award
Notice (due to be published once agreements are signed) will outline the
information provided in line with the authority's obligations under PCR
2015 in relation to the publication of the contract award information.

 

Whilst Lancashire County Council holds this information in respect of the
contract award, it is exempt from disclosure under section 22. The
exemption at section 22 states that information may be withheld, subject
to a public interest test, where it is held by a public authority with a
view to its publication at some future date.

 

In applying section 22 the public interest test must be considered. This
weighs up the public interest in disclosing the information and the public
interest in maintaining the exemption. In considering the public interest
test, I acknowledge that there is a general public interest in
accountability and transparency in relation to the activities of public
authorities. However In this case, as agreements are not yet signed, this
information is provisional only. If this information is published
prematurely before it is finalised, this could mislead the public.

 

In light of the above I have concluded that there is a greater public
interest in maintaining the exemption than in providing the information.
For the reasons stated above, this part of your request is refused at this
time. We can advise you will find the information in our contracts
register information about specific Contracts & Agreements [2]Here in due
course.

 

Furthermore, the authority is not obligated to provide additional
information such as naming the unsuccessful bidders. We have determined
that the names of unsuccessful tenderers are exempt from disclosure by
virtue of section 43(2). This is because disclosure of the information
would, or would be likely to, prejudice the commercial interests of the
County Council and/or other organisations with which we conduct business
with.

 

Disclosure of this information would be against these companies'
legitimate expectations for their information to be published if they were
unsuccessful in their bid. This could also harm the county council's
commercial interests as publishing unsuccessful tenders might dissuade
companies from submitting tenders, which would likely harm the County
Council's ability to seek value for money. In addition, the Information
Commissioner's Office (ICO) guidance on the application of S43 states that
"a commercial interest relates to a person's ability to participate
competitively in a commercial activity, i.e. the purchase and sale of
goods and services". A tendering process is clearly a commercial activity,
given that this is a competitive process, by which the Authority intends
to select a provider or deliver a service.

 

In applying Section 43(2) the public interest test must also be
considered. In considering the public interest test, once more we
acknowledge that there is a general public interest in accountability and
transparency in relation to the activities of public authorities. However
this must be considered against overriding public interest in ensuring
that the commercial interests of the County Council, and/or other
organisations with which we conduct business with are not prejudiced.

 

In light of the above I have concluded that the public interest favours
maintaining the exemption and therefore this part of the request is
refused under section 43(2) of the Act.

 

• Actual spend on this contract/framework (and any sub lots), from the
start of the contract to the current date

 

We do not hold this information as the Service Commencement Date is not
until 1^st April 2024, there is no current actual spend.

 

• Start date & duration of framework/contract?

 

The Service Commencement Date is 1^st April 2024.

 

The duration of the Framework Agreement is 4 years from the service
commencement date.

 

• Could you please provide a copy of the service/product specification
given to all bidders for when this contract was last advertised?

 

The ITT was published on 14/11/23.

 

The specification, provided as Appendix 2 of the ITT, is attached.

 

• Is there an extension clause in the framework(s)/contract(s) and, if so,
the duration of the extension?

 

No. The duration of the framework is 4 years from the service commencement
date, with no extension clause.

 

• Has a decision been made yet on whether the framework(s)/contract(s) are
being either extended or renewed?

 

Not Applicable

 

• Who is the senior officer (outside of procurement) responsible for this
contract

 

John Birch, Waste Service Development Manager and/or Anthony Atkinson,
Principal Waste Management Officer

[3][email address], [4][email address]

 

If you are unhappy with the way in which your request for information has
been handled under the Freedom of Information Act, you can request a
review using the internal review process.

 

Please email your review request to
[5][Lancashire County Council request email] or in writing to:

 

The Freedom of Information Officer, Lancashire County Council, PO Box 78,
County Hall, Preston, PR1 8XJ.

 

Please note that such requests must be made within 40 working days of
receiving our response. Further information about the FOI complaints
process can be found on the County Council's website.

 

If, after this stage, you remain dissatisfied, you have the right to refer
the matter to the Information Commissioner, whose contact details are as
follows:

 

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

 

Tel: 0303 123 1113

 

Email: [6][email address]

 

If you have any queries regarding any of the above, or you require any
additional information, please do not hesitate to contact the team quoting
reference number 7387288.JA.

 

Yours sincerely

 

Julie

 

Information Access Officer

Information Governance Team

Lancashire County Council

W: [7]www.lancashire.gov.uk

 

 

 

 

 

 

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