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Freedom of Information Request: Term Framework Agreement (Shaw's Square) 2006-09

Simon Williams made this Freedom of Information request to City of Edinburgh Council

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Dear City of Edinburgh Council,

RE: FREEDOM OF INFORMATION REQUEST for STATUTORY NOTICES:
11 Shaw's Square: (SN No. 05/02352); (SN No. 06/01887); (SN No. 09/00521)

I made a FOI request on the 28th February to which I have as yet not received a reply: this was for full disclosure on the above statutory notices.

Having received the Final Police Report I wish to make another FOI request on questions that arise therein, all of which concern PCD:

1) Please confirm a list of the contractors which were on CEC TFA Lists from 2006 to 2009?

2) Please confirm the names of the contractors awarded the contracts for the statutory notices on Shaw's Square (sn numbers above)?

3) Please confirm whether these contractors (2) were on the TFA (1)?

4) What were the exceptions where companies outwith the TFA could be awarded contacts during the above years? (We understand from CEC documentation that the circumstances that allow this are extremely rare, and the process to undertake such a decision can only be sanctioned by senior management).

5) Please confirm whether our contracts were sanctioned outwith the TFA?

6) Please confirm the job title of the senior member of staff that sanctioned the awarding of the contracts outwith the TFA?

7) The police investigation itself identified that a number of companies were never on the TFA yet were awarded work, please confirm whether this was the case with the companies that were awarded the contracts for our three statutory notices above at Shaw's Square between 2006 and 2009?

8) Please confirm whether this was contrary to EU and national procurement regulations?

9) If this was not contrary to EU and national procurement regulations, please confirm why not?

10) If this was contrary to EU and national procurement regulations, please confirm the sanctions that can be taken against CEC under national and EU law?

Yours faithfully

Simon Williams

Freedom of Information, City of Edinburgh Council

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City of Edinburgh Council

Mr Simon Williams

Date: 20/03/2015

Our ref: 7020

Dear Mr Williams

Acknowledgement of Request

Subject: Statutory notice - 11 Shaw's Square

Thank you for your request for information of 20/03/2015 which was received on 20/03/2015. In your request you asked for the following;

"1) Please confirm a list of the contractors which were on CEC TFA Lists from 2006 to 2009? 2) Please confirm the names of the contractors awarded the contracts for the statutory notices on Shaw's Square (sn numbers above)? 3) Please confirm whether these contractors (2) were on the TFA (1)? 4) What were the exceptions where companies outwith the TFA could be awarded contacts during the above years? (We understand from CEC documentation that the circumstances that allow this are extremely rare, and the process to undertake such a decision can only be sanctioned by senior management). 5) Please confirm whether our contracts were sanctioned outwith the TFA? 6) Please confirm the job title of the senior member of staff that sanctioned the awarding of the contracts outwith the TFA? 7) The police investigation itself identified that a number of companies were never on the TFA yet were awarded work, please confirm whether this was the case with the companies that were awarded the contracts for our three statutory notices above at Shaw's Square between 2006 and 2009? 8) Please confirm whether this was contrary to EU and national procurement regulations? 9) If this was not contrary to EU and national procurement regulations, please confirm why not? 10) If this was contrary to EU and national procurement regulations, please confirm the sanctions that can be taken against CEC under national and EU law?"

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Information Compliance 3, City of Edinburgh Council

Mr Simon Williams

 

[FOI #259169 email]

 

Our ref: 7020

 

 

Dear Mr Williams

 

Environmental Information (Scotland) Regulations 2004 - Partial Release of
Information

 

Subject: Statutory notice - 11 Shaw's Square

 

Thank you for your request for information of 20/03/2015 where you asked
for information relating to Statutory Notice works at the above address.

 

Your request has been processed under the Environmental Information
(Scotland) Regulations 2004 (EIRs). Unfortunately, the Council is only
able to meet part of your request; this information is released to you
now.  I have noted each part of your request with our response in turn
below:

 

Q1. Please confirm a list of the contractors which were on CEC TFA Lists
from 2006 to 2009?

 

A1.

 

Term Contractors 2004-2010

 

Major Works

A Thorburn Ltd

Campbell & Smith

Cornhill Building Services Ltd

Cull & Hogg Ltd

Forbes Davidson

G Grigg & Sons Ltd

James Breck Ltd

Stonetec Ltd

Watson & Lyell Ltd

Balmoral Stone Ltd (in liquidation)

Morris & Spottiswood (withdrawn from contract)

 

Major Works

James Breck ltd

Cull & Hogg Ltd

Pollock Masonry

Stonetec (refused work under contract but did not withdraw)

G Grigg & Sons Ltd (refused work under contract but did not withdraw)

 

Above Ground Damage (not renewed and done under Minor Work)

Cull & Hogg

 

Wet & Dry Rot

Building Maintenance Control (BMC) (in receivership) taken over by Wise
Property Care Ltd

McAlpine Brown (in liquidation)

 

Door Entry Phone Systems

Elden Aerials

Electricom Ltd

 

Belowground Drainage

Ferro Monk

DCS Ltd

All Clear (refused work under contract but did not withdraw)

Euro Environmental (refused work under contract but did not withdraw)

 

Emergency Scaffolding

Parr Scaffolding Ltd

Q2. Please confirm the names of the contractors awarded the contracts for
the statutory notices on Shaw's Square?

 

A2. Castle Group Scotland Ltd and Action Building Contract Ltd

Q3.  Please confirm whether these contractors (2) were on the TFA (1)?

 

A3. No, Castle Group Ltd and Action Building Contract Ltd were not on the
CEC TFA list for 2004 – 2010.

Q4. What were the exceptions where companies outwith the TFA could be
awarded contracts during the above years? (We understand from CEC
documentation that the circumstances that allow this are extremely rare,
and the process to undertake such a decision can only be sanctioned by
senior management).

 

A4. Property Conservation did not keep a specific register of exceptions
where companies out with the TFA were awarded contracts in the period 2006
– 2009.  Thus it is not possible to give details of contractors out with
the TFA who were awarded contracts in the period 2006 – 2009.  The Council
is relying on the exception in regulation 10(4)(a) of the EIRs as this
information is not held.  Please note that this letter constitutes a
formal refusal notice under regulation 13 of the EIRs.

Q5. Please confirm whether our contracts were sanctioned out with the TFA?

 

A5. Yes.

Q6. Please confirm the job title of the senior member of staff that
sanctioned the awarding of the contracts out with the TFA?

 

A6. The awarding of the contract to the Castle Group was done by Senior
Conservation Officer.

Q7. The police investigation itself identified that a number of companies
were never on the TFA yet were awarded work, please confirm whether this
was the case with the companies that were awarded the contracts for our
three statutory notices above at Shaw's Square between 2006 and 2009?

 

A7. See response 3.

Q8.  Please confirm whether this was contrary to EU and national
procurement regulations?

 

A8. The use of the Framework was not mandatory and other compliant
procurement routes could be used if deemed applicable.

Q9. If this was not contrary to EU and national procurement regulations,
please confirm why not?

 

A9. As per response 8, the non-use of a Framework does not constitute a
breach in national or EU procurement legislation.
Q10. If this was contrary to EU and national procurement regulations,
please confirm the sanctions that can be taken against CEC under national
and EU law?

 

A10. Where a breach in EU or national procurement legislation has
occurred, any sanctions would be subject to the specifics of the breach
and would require independent legal advice to be sought by the claimant.

 

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

I appreciate that our decision may disappoint you and I am sorry that we
have not been able to release all the information you requested on this
occasion. If you are unhappy with the way we have dealt with your request,
you can ask us to review our actions and decisions by writing to the;

 

Head of Legal Risk and Compliance,

The City of Edinburgh Council,

Waverley Court Business Centre 2:1,

4, East Market Street,

Edinburgh,

EH8 8BG or

Email: legal.[Edinburgh City Council request email]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the above reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website www.itspublicknowledge.info

Email: [email address]

 

The Council’s Information Governance Unit is committed to providing an
efficient and helpful service. To help us identify areas where we can
improve, we would be grateful if you could complete a short customer
survey by following the link below. Your feedback is very much valued and
appreciated.

 

https://www.surveymonkey.com/s/FOICustom...

 

 

Yours sincerely

 

 

Vicky Robertson

Information Compliance Officer

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[Edinburgh City Council request email] www.edinburgh.gov.uk

 

 

 

 

 

 

 

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Dear City of Edinburgh Council,

I am unhappy with your response and request an internal review.

I understand you are obliged by law to provide full and frank answers, with supporting documentation. And furthermore that if any questions are deemed exempt by you, you again need to supply supporting documentation. I understand you should complete this as quickly as possible, and no later than 20 days.

You wrote that the two contractors, Castle Group Scotland Ltd and Action Building Contract Ltd were non framework, i.e. not on the TFA. My remaining questions are below.

My original question: Q4. What were the exceptions where companies outwith the TFA could be awarded contracts during the above years? (We understand from CEC documentation that the circumstances that allow this are extremely rare, and the process to undertake such a decision can only be sanctioned by senior management).

Your response: A4. Property Conservation did not keep a specific register of exceptions where companies out with the TFA were awarded contracts in the period 2006 – 2009. Thus it is not possible to give details of contractors out with the TFA who were awarded contracts in the period 2006 – 2009. The Council is relying on the exception in regulation 10(4)(a) of the EIRs as this information is not held. Please note that this letter constitutes a formal refusal notice under regulation 13 of the EIRs.

--- I would ask for more information to clarify your position. Why exactly are you refusing this? Please supply documentation to back up your rights to refuse. This request will also be sent to the Scottish Information Commissioner.

Please also give a list of all none TFA contractors used during these years. You must now know who they are. You know who the TFA contractors were and you know who you paid, so surely it is a matter of deducting the two?
--------------------------------------------------------------------------------------------------------------------------------------

My original question: Q6. Please confirm the job title of the senior member of staff that sanctioned the awarding of the contracts out with the TFA?

Your response: A6. The awarding of the contract to the Castle Group was done by Senior Conservation Officer.

--- Please specify the legislation that allows such a decision. Please supply the EU, National & CEC Guidelines specifically highlighing the procurement procedures that should be in force for choosing building contractors for statutory notice works. Please highlight the paragraphs specifically which support your statement.
--------------------------------------------------------------------------------------------------------------------------------------

My original question: Q8. Please confirm whether this was contrary to EU and national procurement regulations?

Your response: A8. The use of the Framework was not mandatory and other compliant procurement routes could be used if deemed applicable.

--- I understand you are obliged to support your answer. Please supply supporting documentation that use of Framework contractors was not mandatory: EU, National & CEC. Please highlight the paragraphs specifically which support your statement.
--------------------------------------------------------------------------------------------------------------------------------------

My original question: Q9. If this was not contrary to EU and national procurement regulations, please confirm why not?

Your response: A9. As per response 8, the non-use of a Framework does not constitute a breach in national or EU procurement legislation.

--- I understand you are obliged to support your answer. Please supply supporting documentation: EU, National & CEC. Please highlight the paragraphs specifically which support your statement.

I look forward to your responses.

Yours faithfully

Simon Williams

City of Edinburgh Council

Dear Mr Williams

Environmental Information (Scotland) Regulations 2004 - Request for Review

Subject: 7020

Thank you for your correspondence of 25 April 2015 received by us on 27 April 2015 asking that the Council reviews its handling of your request for information dated [insert date of request]. In your request for review you expressed dissatisfaction with the original response issued by the Council.

I can confirm that the Council will deal with your review promptly under the provisions of the Environmental Information (Scotland) Regulations 2004. You will receive a full response no later than 20 working days upon receipt of your request. This means that we will respond by 27 May 2015.

In the meantime, if you have any further queries, please get in touch quoting the reference number given above.

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

Mr Simon Williams

Date: 28/04/2015

Our ref: 7414

Dear Mr Williams

Acknowledgement of Request

Subject: Statutory notice works

Thank you for your request for information of 25/04/2015 which was received on 27/04/2015. In your request you asked for the following;

"Please also give a list of all none TFA contractors used during these years. You must now know who they are. You know who the TFA contractors were and you know who you paid, so surely it is a matter of deducting the two? Please specify the legislation that allows such a decision. Please supply the EU, National & CEC Guidelines specifically highlighing the procurement procedures that should be in force for choosing building contractors for statutory notice works. Please highlight the paragraphs specifically which support your statement"

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Simon Williams left an annotation ()

Dear City of Edinburgh Council

Can I be clear that what also remains unclear from your reply is:

Why the Shaw’s Square contracts were awarded to Castle Group Scotland Ltd and Action Building Contract Ltd., when these two companies were not party to the Term Framework Agreement?

Best wishes

Simon Williams

Legal FOI, City of Edinburgh Council

4 Attachments

Dear Mr Williams,

 

Please find attached the response to your request for review which has
been dealt with under the terms of the Environmental Information
(Scotland) Regulations 2004.

 

Yours sincerely,

 

Chris Peggie

Review Officer

 

Chris Peggie| Governance Service | Legal, Risk and Compliance Division |
Directorate of Corporate Governance | The City of Edinburgh Council
| Waverley Court Business Centre 2:1, 4 East Market Street, Edinburgh, EH8
8BG | phone: 0131 529 4494| fax: 0131 529 3603

 

This advice is strictly privileged and confidential and is intended for
use by the recipient only.

 

 

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Information Compliance 2, City of Edinburgh Council

3 Attachments

Mr Simon Williams

 

[FOI #259169 email]

 

Our ref: 7414

 

Dear Mr Williams

 

Environmental Information (Scotland) Regulations 2004 - Release of
Information

 

Subject: Statutory notice works - Term Framework Agreement (Shaw's Square)

 

Thank you for your request for information of 27/04/2015 which has been
processed and considered under the Environmental Information (Scotland)
Regulations 2004 (EIRs) and the information is provided below.

 

1. Please also give a list of all none TFA contractors used during these
years. You must now know who they are. You know who the TFA contractors
were and you know who you paid, so surely it is a matter of deducting the
two?

 

Property Conservation do not keep specific registers of contracts where
companies out with the TFA were awarded contracts in the period 2006 –
2009. However, we have checked our systems for payments that were made to
contractors in the period 2006 – 2009 and have provided this list under
ITEM 1A attached.

 

2. Re: Sanction of the awarding of the contracts out with the TFA. Please
specify the legislation that allows such a decision. Please supply the EU,
National & CEC Guidelines specifically highlighting the procurement
procedures that should be in force for choosing building contractors for
statutory notice works. Please highlight the paragraphs specifically which
support your statement.

 

For all works orders under the EU Procurement thresholds, procurements are
governed by the Council’s Standing Orders and Public Contracts Scotland
2006 regulations (at the time of Contract Award for this particular
project). The Council’s Standing Orders from 2006 – 2014 are attached
under ITEM 1B.  Schedule 3 of The Public Contracts Scotland 2006
Regulations identifies all compliant procurement routes, with the use of a
Framework Agreement being identified as one option. This can be viewed at
the following link:
http://www.legislation.gov.uk/ssi/2006/1....

 

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the:

 

Head of Legal Risk and Compliance,

The City of Edinburgh Council,

Waverley Court Business Centre 2:1,

4, East Market Street,

Edinburgh,

EH8 8BG or,

Email legal.[Edinburgh City Council request email]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website www.itspublicknowledge.info

Email: [email address]

 

Yours sincerely,

 

 

 

Sue Brown

Information Compliance Officer

 

 

 

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[Edinburgh City Council request email] www.edinburgh.gov.uk

 

 

[1]Consulting Edinburgh footer.jpg

[2]Have your say on the issues that matter to you

 

 

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References

Visible links
1. https://consultationhub.edinburgh.gov.uk/
2. https://consultationhub.edinburgh.gov.uk/

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