Dear FOI Team,

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

GB-Braintree: Black Sacks ITQ

The details we require are:

• Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages
• Actual contract values of each framework/contract (& any sub lots)
• Start date & duration of framework
• 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 sincerely

Braintree District Council

Dear Tim Campbell

 

Thank you for your Freedom of Information request received on the
06/05/2020

Reference 4723 has been applied to your request which will be looked into
and we will aim to provide a response within 20 working days.

Braintree District Council is making decisions each day to balance the
needs to maintain essential services and support those in most need,
whilst following public health guidance to protect the public and staff
against infection from coronavirus.

Due to the unprecedented circumstances we are facing during the
Coronavirus (COVID-19) pandemic, it may not be possible for us to meet our
usual standard of response to Freedom of Information Requests or within
the timescales stipulated. The Council will respond to your request as
soon as we are able.

Thank you for your understanding and patience during this difficult and
unprecedented period.

Should you have any queries in the meantime, please contact the Freedom of
Information Team at [1][Braintree District Council request email] 

Kind regards

 

Lucy Day

Performance & Improvement Apprentice

Braintree District Council | Causeway House, Bocking End, Braintree, CM7
9HB

 01376 552525| [2]www.braintree.gov.uk

 

References

Visible links
1. mailto:[Braintree District Council request email]
2. http://www.braintree.gov.uk/

Braintree District Council

Dear Tim Campbell

 

I am writing regarding your Freedom of Information request received by the
department on the 6 May 2020. Please accept our apologies for the late
response, As you are aware, due to the coronavirus, we have been focusing
on areas most in need to deal with this unprecedented situation. The focus
of our procurement team at the present time is to secure personal
protective equipment for staff that are providing front line services,
to support our recovery and to ensure our supply chains continue. This has
delayed the team looking at your request.

 

The Freedom of Information Act enables access to information held by the
Council, subject to the exemptions contained within the Act. The Act does
not require the Council to create information to respond to a request if
the requested information is not held, nor to give an opinion or comment.

 

Please find our response to your Freedom of Information request below:

 

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

 

GB-Braintree: Black Sacks ITQ

 

The details we require are:

 

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

• Actual contract values of each framework/contract (& any sub lots)

 

In respect of the above questions, the Council considers that some of the
information you have requested above is exempt from disclosure under
Section 21 of the Act - Information accessible by other means.  The list
of successful contractors included within the framework agreement is
provided in the award notice. The value of the framework agreement and
each awarded lot is available to view at
[1]https://ted.europa.eu/udl?uri=TED:NOTICE....
Individual call off contracts will vary in value, with call off contracts
being undertaken by other public bodies on an as and when needed basis.

 

In respect of unsuccessful suppliers of the framework and the Braintree
Black sacks ITQ, the information you are requesting is exempt under
section 43(2) of the FOI Act. Section 43(2) exempts information whose
disclosure would, or would be likely to, prejudice the commercial
interests of any person (an individual, a company, the public authority
itself or any other legal entity). The section 43 exemptions are qualified
exemptions, subject to the public interest test.

 

In line with the terms of this exemption, we have considered whether it
would be in the public interest for us to provide you with the contract
information. In this case, I have concluded that the public interest
favours withholding the information.

 

When assessing whether or not it is in the public interest to disclose the
information to you, we took into account the following factors:

 

Public interest considerations favouring disclosure

•Disclosure would improve openness and transparency of Government spending

•Disclosure of the information would help to ensure clarity around
fairness, equity, value for money and quality of care in the overall
tender process.

 

Public interest considerations favouring withholding the information

•Disclosure may cause damage to an unsuccessful supplier’s reputation,
affecting the supplier’s competitive position in their respective market
and confidence that its customers, suppliers or investors may have in its
commercial operations.

•Disclosure would be likely to deter potential bidders for future
contracts from competing and sharing commercially sensitive information
with us, which would negatively impact upon our commercial position.

•There is heightened commercial sensitivity as the tender only took place
in the last six months.

 

We reached the view that, on balance, the public interest is better served
by withholding this information under section 43(2) of the FOIA at this
time.

 

• Start date & duration of framework

 

The framework started on 15th August 2017 and will conclude on 14th August
2021.

 

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

 

No - This framework is for four years and cannot be extended

 

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

 

The decision whether to rerun the framework has not yet been agreed.

 

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

 

Paul Partridge

 

If you disagree with the Council’s decision in respect of your freedom of
information request or are otherwise unhappy with how the Council has
dealt with your request in the first instance you may approach Emma Wisbey
Governance and Member Manager in writing at the following address:
Braintree District Council, Causeway House, Bocking End, Braintree, Essex,
CM7 9HB.

 

Should you remain dissatisfied with the outcome you have a right of appeal
under S50 of the Freedom of Information Act to appeal against the decision
by contacting the Information Commissioner, Wycliffe House, Water Lane,
Wilmslow SK9 5AF, [2][email address]

 

 

Kind regards

 

 

 

Tracey Headford

Business Solutions Manager

 

Braintree District Council | Causeway House, Bocking End, Braintree, CM7
9HB

 01376 552525| [3]www.braintree.gov.uk

 

 

 

 

References

Visible links
1. https://ted.europa.eu/udl?uri=TED:NOTICE...
2. mailto:[email address]
3. http://www.braintree.gov.uk/