Grounds Maintenance Contract
Dear FOI Team,
I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to contract(s) you have or will be bringing to tender for grounds maintenance, environmental services and similar.
The details we politely request are:
• What are the current plans moving forward in regards to obtaining suppliers for grounds maintenance (and similar) services?
• What are the contractual performance KPI's for this contract?
• Do you feel the contractual performance KPI's are being met by the current supplier?
• 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 the contracts were 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 sincerely
Charlie Burton
Dear Rother District Council,
No acknowledgement has been received as of yet.
This is a polite prompt.
Yours faithfully,
Charlie Burton
Dear Mr Burton
FREEDOM OF INFORMATION ACT 2000
I refer to your request received on 15 March 2023. Your request for information does not appear to have any clear public interest purpose. Your request seems to be a commercial request seeking details in procure goods or services. Without clear public interest the Council considers commercial requests vexatious in line with the Upper Tribunal ruling recently upheld by the Court of Appeal http://www.bailii.org/uk/cases/UKUT/AAC/...
The Judge indicates in paragraphs 35 and 38 that improper use of FOIa (such as no public interest) is a valid consideration to make when considering if a request is vexatious. Using FOI to gain a commercial advantage or opportunity over another can be included within this definition.
The information requested is withheld from disclosure under Section 14 of the Act.
If you do not agree with the Council’s decision, please advise why you consider publication through FOI is in the public interest as opposed to a commercial purpose. Please be mindful that public interest does not mean “curiosity or desire” for the information nor the private interests of the requestor. Its meaning here is the “public good” therefore before we proceed with your request we will need to determine there is some purpose which benefits the general public in releasing the information you have requested.
The East Sussex Procurement Hub (ESPH) is the shared procurement service, based at Wealden District Council, for Wealden District Council, Rother District Council and Hastings Borough Council and deal with all Contracts on behalf of the Council
https://www.wealden.gov.uk/transparency-...
Freedom of Information Manager
Rother District Council
Tel: 01424 787000 | Email: [Rother District Council request email]
http://www.rother.gov.uk
Dear FIO,
I understand you are declining to respond to the entirety of my request on the basis on Section 14.
Apologies if you have misinterpreted my request. Section 14(1) is designed to protect public authorities by allowing you to refuse any requests which have the potential to cause a disproportionate or unjustified level of disruption, irritation or distress. The request made to yourselves is not vexatious as per case law and is entirely justified.
This is a request for information that should be publicly available if you do indeed have a contract which exceeds £500 in relation to grounds maintenance (or similar). I am seeking this information to understand how our money as taxpayers (the public) is being spent and whether it is bringing in sufficient value for money (for us, the public) considering the grounds maintenance results locally.
As per section 14, this is not a ‘squandered or disproportionate use of FOIA’, particularly since this is my first request to yourselves on the matter (or any matter), I have communicated with respect, and it is entirely reasonable public interest request. I do not believe the request should be causing anyone any distress, disruption or irritation outside of the normal duties of answering FOI requests. The proper justification being it must be published public knowledge if such a contract does exist, and it is within public interest to seek how this contract is going since the quality of our local green spaces and the likes rely on the contract or inhouse teams, and if there are any future plans in regard to how public money will be spent on grounds maintenance going forward.
I hope that clarifies, and I look forward to hearing your response within the set timeframe.
Yours sincerely,
Charlie Burton
Dear Mr Burton
Thank you for your email. The Council has considered your comments and will progress your request.
Freedom of Information Manager
Rother District Council
Tel: 01424 787000 | Email: [Rother District Council request email]
http://www.rother.gov.uk
Dear Mr Burton
Further to our email below, we have not yet been able to finalise our response as we are awaiting information from the Joint Waste Team. We will aim to respond to you in full next week.
I apologise for any inconvenience caused.
Freedom of Information Manager
Rother District Council
Tel: 01424 787000 | Email: [Rother District Council request email]
http://www.rother.gov.uk
Dear foi,
By law, you should normally have responded promptly and by 26 April 2023.
It is now the 30th and I've not heard anything since the 14th April, this isn't acceptable and I will need to proceed with a complaint/internal review if I do not hear within the next working week.
Yours sincerely,
Charlie Burton
Dear foi,
It has far surpassed the following week of the 17th April 2023.
Please aim to respond within this working week, as otherwise I feel forced to push for an internal review.
Yours sincerely,
Charlie Burton
Dear Mr Burton
FREEDOM OF INFORMATION ACT 2000
Further to your request received on 15 March 2023and your chasing email, I
apologise for the delay in responding. Please find our response below.
If you are dissatisfied with the handling of the request please contact us
within 60 calendar days of this response, if you wish to request an
internal review. If you are still dissatisfied with the outcome of the
internal review you have the right to make a complaint to the Information
Commissioner. Their details are:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel. 01625 545700
[1]www.ico.org.uk
Response:
• What are the current plans moving forward in regards to obtaining
suppliers for grounds maintenance (and similar) services? Not known at the
current time
• What are the contractual performance KPI's for this contract? No KPI’s
• Do you feel the contractual performance KPI's are being met by the
current supplier? We are happy with the performance of the contractors
• Suppliers who applied for inclusion on each framework/contract and were
successful & not successful at the PQQ & ITT stages – Contract was
procured 10 years ago by third party. We do not hold this information.
• Actual spend on this contract/framework (and any sub lots), from the
start of the contract to the current date: Total years 1 to 10 contract
spend £8,179,918.66
• Start date & duration of framework/contract? Start date of current
contract - 1 December 2012 expiry 31 March 2024
• Could you please provide a copy of the service/product specification
given to all bidders for when the contracts were last advertised? We do
not hold this information
• Is there an extension clause in the framework(s)/contract(s) and, if so,
the duration of the extension? Contract was for 10 years to 30 Nov 2022,
plus option to extend for up to 2 years; agreed extension to 30 November
2023, and further agreed extension until 31 March 2024 with an agreed
option for a staggered handover until 30 Nov 2024.
• Has a decision been made yet on whether the framework(s)/contract(s) are
being either extended or renewed? No decision but no further extension
available after 30 November 2024
• Who is the senior officer (outside of procurement) responsible for this
contract? Head of Neighbourhood Services, Deborah Kenneally
As previously advised the East Sussex Procurement Hub (ESPH) provide a
procurement service, based at Wealden District Council, for Wealden
District Council, Rother District Council and Hastings Borough Council.
You may care to sign up to the shared portal for contract opportunities.
[2]The East Sussex Procurement Hub - Wealden District Council - Wealden
District Council
Freedom of Information Manager
Rother District Council
Tel: 01424 787000 | Email: [3][Rother District Council request email]
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