Has the Council extended the IBM/SW1 Framework Agreement to allow other Public Authorities to join SW1?

Dave Orr made this Freedom of Information request to Somerset County Council

The request was partially successful.

From: Dave Orr

13 October 2012

Dear Somerset County Council,

The Police have recently stated:
============================================================
From: Dave Orr
Sent: 30 August 2012 09:09
To: Mark Simmonds
Cc: John Parham; Claire Gordon; William Wallace; roger conway; John
Smith (Police Authority)
Subject: An information request.....

Dear Mr Simmonds,

I understood that under EU procurement rules that Framework
Agreements expire after 4 years.

Has the Framework Agreement for SW1 (75% owned by IBM) now expired?

If it has expired, on what date did it expire?

If the Framework Agreement for has expired, can you confirm that
any other Police services (or other public authorities) wishing to
join SW1, would now have to conduct a full EU tender, to which SW1
could respond to the tender notice along with any other bidding
company i.e. open market?

Yours sincerely,

David Orr.

Dear Mr Orr

RE: FREEDOM OF INFORMATION REQUEST - FOI00281

I am writing to confirm that Avon and Somerset Police Authority has
now completed its search for the information which you requested on
30 August 2012.

The Framework Agreement [for IBM/SW1] was extended for two years
from March 2012.

============================================================

Q1a. Do the Council and Avon & Somerset Police Authority share the
same Framework Agreement.

Q1b. As the original founder partner, did SCC participate with Avon
& Somerset Police Authority in extending the original 4-year
Framework Agreement by a further 2 years?

Q2. Has SCC also extended the Framework Agreement for SW1 by a
further 2 years? If so:

Q2a. What process was used to extend the Framework Agreement;
Q2b. Please supply a copy of the Framework Agreement.

Q3. Has the original Council Framework Agreement expired? If so, on
what date did it expire?

Yours faithfully,

Dave Orr

Link to this

From: Somerset Direct - FOI
Somerset County Council

15 October 2012

Dear Mr Orr

Thank you for your email

I have logged this for you now, your reference number is 2213438

Kind regards

Somerset County Council
Email: [email address]

Southwest One (Working in partnership with Somerset County Council,
Taunton Deane Borough Council and Avon and Somerset Police)

www.southwestone.co.uk

South West One Limited - Registered in England and Wales with number
6373780.

Registered office: PO Box 41, North Harbour, Portsmouth, Hants PO6 3AU

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From: Information Governance
Somerset County Council

15 October 2012

Dear Mr Orr

 

Thank you for your request made under the Freedom of Information Act
(FOIA) 2000.

 

We are currently dealing with your request and will be in touch shortly
concerning disclosure of the information you have requested. If the
Council decides to apply a charge for processing your request, we will
also tell you.

 

The legislation obliges us to provide you with this information within 20
working days, so our response will be sent to you by 12-11-2012.

 

Please be aware that we now publish all responses to requests for
information made under the FOIA, without any details of the requestor, on
the Council’s website.

 

Please see:

 

[1]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

Web : [2]www.somerset.gov.uk

 

 

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From: Information Governance
Somerset County Council

9 November 2012

Somerset Direct ref: 2213438

Council Service ref: res 1535

Date of request: 15-10-2012

Due date of response: 12-11-2012

Actual date of response: 09 -11- 2012

 

Dear Mr Orr

 

I am writing regarding your recent request for information to Somerset
County Council, which has been dealt with under the provisions of:

 

o The Freedom of Information Act (FOIA) (2000)

 

Your request made to the Council concerned:

 

Firstly, I can confirm that we hold this information and are able to
disclose it to you.

 

In response to your questions I can also confirm the following:

 

Q1a. Do the Council and Avon & Somerset Police Authority share the same
Framework Agreement?

 

A1a. Yes

 

Q1b. As the original founder partner, did SCC participate with Avon
&Somerset Police Authority in extending the original 4-year Framework
Agreement by a further 2 years?

 

A1b. Yes

 

Q2. Has SCC also extended the Framework Agreement for SW1 by a further 2
years?

 

A2. Yes

 

Q2a. If so…What process was used to extend the Framework Agreement?

 

A2a. An exchange of letters between the three Senior Responsible Officers
(SROs) of the Partners (Somerset County         Council, Avon & Somerset
Police and Taunton Deane Borough Council) and Fiona Capstick from
Southwest One.                          

 

Q2b. Please supply a copy of the Framework Agreement.

 

A2b. This document is available in a paper form only. You would be welcome
to collect it from County Hall on Monday 12^th November 2012. Please
contact the Information Governance Team to arrange a suitable time.

 

Q3. Has the original Council Framework Agreement expired? If so, on what
date did it expire?

 

A3. 19^th March 2012

 

Please note that the Council has made 2 redactions in releasing the
Framework Agreement to you, since the Council is claiming that both
figures are commercially sensitive; we are relying on s. 43 (2) of the
Freedom Of Information Act (FOI) for this redaction.

 

Please note that this is a qualified exemption and therefore subject to a
Public Interest Test.

 

Arguments for disclosure

 

 1. The public has a right to this information given the level of
controversy and media interest over this contract with Southwest One.
 2. This document was originally signed in 2008 and it has therefore lost
much of its sensitivity.
 3. This document has lost much of its relevance that it had in 2008 when
it was first drawn up.

 

Arguments against disclosure

 

 1. This document was extended in 2012 and its commercial sensitivity is
therefore as great as it was in 2008.
 2. Disclosure of this financial information would be potentially damaging
to Southwest One, since a commercial competitor could unfairly use it
to its financial advantage in attempting to outbid or undermine
Southwest One/IBM.
 3. The Southwest One contract is due to expire in 2017, and therefore
despite the local and national media interest in this, we have a duty
of confidence to all partners associated with this contract.

 

Balance of interest

 

The Council has decided that in all the circumstances of the case, given
the ongoing commercial sensitivity of this financial detail, the public
interest in maintaining this exemption outweighs the interest in
disclosing the information.

 

If you feel your request has not been answered in sufficient detail, or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

 

If you are not satisfied with the way we have dealt with your request, or
the information you have received, you can ask for an internal review of
our decision.

 

Please send your request to:

 

Peter Grogan

Corporate Information Governance Manager

Information Governance Team

Client Services Team / A2W

County Hall

Taunton

Somerset

TA1 4DY or email [1][email address]

 

We will carry out an internal review and we will write to you with the
results of our investigation.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an appeal.

 

The Information Commissioner can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF       Tel: 0303 – 123 1113

 

Please quote the reference numbers at the top of this letter in any future
correspondence.

 

Finally, please be aware that your response will appear, without your
contact details, on the Council’s website at:

 

[2]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

 

Web : [3]www.somerset.gov.uk

 

 

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This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email 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.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

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From: Dave Orr

9 November 2012

Dear Information Governance,

Pls leave a copy of the agreement at B Block reception & advise.

Yours sincerely,

Dave Orr

Link to this

From: Information Governance
Somerset County Council

9 November 2012

Dear Mr Orr

The document will be on B block reception on Monday 12-11-2012 from 1000.

Yours sincerely

Information Governance Team

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From: Dave Orr

11 November 2012

Dear Information Governance,

=======================================================

Q2a. If so…What process was used to extend the Framework Agreement?

A2a. An exchange of letters between the three Senior Responsible
Officers (SROs) of the Partners (Somerset County Council, Avon &
Somerset Police and Taunton Deane Borough Council) and Fiona
Capstick from Southwest One.

=======================================================

Can you also please make available the Somerset County Council copy
of the letter referred to in A2a above,

Yours sincerely,

Dave Orr

Link to this

From: Information Governance
Somerset County Council

12 November 2012

Dear Mr Orr

Thank you for your email; we will respond shortly.

Yours sincerely

Information Governance Team

Tel: 01823-357194
No mobile access

Web : www.somerset.gov.uk

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From: Dave Orr

12 November 2012

Dear Information Governance,

Could I also have a copy of the original OJEU notice December 2005
as it is referenced as a key related document in the disclosed
Framework Agreement.

Yours sincerely,

Dave Orr

Link to this

From: Information Governance
Somerset County Council

12 November 2012

Dear Mr Orr

Thank you for your email; we will respond shortly.

Yours sincerely

Information Governance Team

Tel: 01823-357194
No mobile access

Web : www.somerset.gov.uk

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From: Dave Orr

12 November 2012

Dear Information Governance,

Sorry - one more thing.

You state that the SRO extended the Framework Agreement.

How was Councillor approval obtained?

Can you please give details of the Key Decision taken for the
approval of this and provide relevant council papers.

Yours sincerely,

Dave Orr

Link to this

From: Information Governance
Somerset County Council

12 November 2012

Dear Mr Orr

    

Thank you for your email; we will respond shortly.

    

Yours sincerely

 

Information Governance Team

 

Tel: 01823-357194

No mobile access

 

Web : www.somerset.gov.uk

 

 

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From: Information Governance
Somerset County Council

13 November 2012


Attachment Request information under the FOI Act 2213438.PDF.pdf
66K Download View as HTML


Dear Mr. Orr

 

You have submitted 3 recent additional questions based on the Council’s
response to this FOI request:

 

Q.1.   An exchange of letters between the three Senior Responsible
Officers (SROs) of the Partners (Somerset County Council, Avon & Somerset
Police and Taunton Deane Borough Council) and Fiona Capstick from
Southwest One.

Can you also please make available the Somerset County Council copy of the
letter referred to in A2a above?

 

Q.2.   Could I also have a copy of the original OJEU notice December 2005,
as it is referenced as a key related document in the disclosed Framework
Agreement?

 

Q.3.  You state that the SRO extended the Framework Agreement. How was
Councillor approval obtained? Can you please give details of the Key
Decision taken for the approval of this and provide relevant council
papers.

 

I can now confirm the following:

 

A.1 I can leave an unredacted paper copy of the requested material for you
at B Block reception (County Hall) if you can indicate a time to suit you.

 

A.2 I can leave an unredacted paper copy of the requested material for you
at B Block reception (County Hall) if you can indicate a time to suit you.
Please note that the OJEU Notice is a public document which would be
available online.

 

A.3 The partners exchange of correspondence with SWo (via Fiona Capstick)
for the extension of the Framework Agreement until the 19^th March 2014
did not require any Member approval, which therefore negated the
requirement for a Key Decision and hence no Council papers are available
to be provided.

 

I hope this meets your satisfaction.

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

 

Web : [1]www.somerset.gov.uk

  

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This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email 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.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

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From: Dave Orr

15 November 2012

Dear Information Governance,

I have now picked up the SRO-based letters.

This involved a waiver of a condition in the original Framework
Agreement that any extension had to be agreed 6 months or earlier
than the renewal date.

Q1. Did SCC seek any legal advice (internally or externally) before
waiving this part of the original Framework Agreement? If legal
advice was sought then please disclose that advice.

Q2. Did the County Solicitor/Monitoring Officer approve of the
waiver and extension of the original Framework Agreement?

The signing SRO for SCC is not, to my recent knowledge, a Director
or a Head of Service.

Q3. Did the signing SRO for SCC seek any approval from a more
Senior Officer? If so with whom & on what date please?

Q4. Did the signing SRO for SCC discuss (in any medium - meeting,
call, email etc) this matter with any elected Councillor (formally
or informally)? If so with whom & on what date please?

Q5. The Framework Agreement was extended on the 19th March 2012. On
that date, was the Council in any form of informal or formal
escalation or dispute procedure with SW1 (or IBM)? If so, please
provide details.

Yours sincerely,

Dave Orr

Link to this

From: Information Governance
Somerset County Council

15 November 2012

Dear Mr Orr

 

Thank you for your email and your additional questions; I will treat these
questions as a new FOI request.

 

I will also send you a formal acknowledgement of this new request shortly.

 

Yours sincerely

 

Information Governance Team

 

Tel: 01823-357194

No mobile access

 

 

Web : www.somerset.gov.uk

 

 

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From: Dave Orr

16 November 2012

Dear Information Governance,

Re Q4. Can you please disclose the correspondence or notes or
papers as well as the contact and dates.

Yours sincerely,

Dave Orr

Link to this

From: Information Governance
Somerset County Council

19 November 2012


Attachment Request information under the FOI Act 2250452.PDF.pdf
66K Download View as HTML


Dear Mr Orr

 

Thank you for your request made under the Freedom of Information Act
(FOIA) 2000. please note: I have taken account of the additional questions
you asked separate to this that relate to Q.4.

 

We are currently dealing with your request and will be in touch shortly
concerning disclosure of the information you have requested. If the
Council decides to apply a charge for processing your request, we will
also tell you.

 

The legislation obliges us to provide you with this information within 20
working days, so our response will be sent to you by 13-12-2012.

 

Please be aware that we now publish all responses to requests for
information made under the FOIA, without any details of the requestor, on
the Council’s website.

 

Please see:

 

[1]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team /  A2W

County Hall

Taunton

Som

TA1 4DY

 

Tel: 01823-357194

No mobile access

Web : [2]www.somerset.gov.uk

 

 

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This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email 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.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

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http://www.somerset.gov.uk/disclosurelog
2. http://www.somerset.gov.uk/

Link to this

From: Information Governance
Somerset County Council

13 December 2012


Attachment Request information under the FOI Act 2250452.PDF.pdf
66K Download View as HTML


Somerset Direct ref: 2250452

Council Service ref: Res 1560

Date of request: 15-11-2012

Due date of response: 13-12-2012

Actual date of response: 13-12-2012

 

Dear Mr Orr

 

I am writing regarding your recent request for information to Somerset
County Council, which has been dealt with under the provisions of:

 

o The Freedom of Information Act (FOIA) (2000)
o  

Your request made to the Council concerned questions relating to the
Framework Agreement between Somerset County Council and South West One.

 

Firstly, I can confirm that we hold this information and are able to
disclose it to you.

 

Please find below our response to the information requested:

 

Q1. Did SCC seek any legal advice (internally or externally) before
waiving this part of the original Framework Agreement? If legal advice was
sought then please disclose that advice.

 

In line with the contractual provisions set out within the Framework
Agreement, this contract schedule was extended by a further two years by
the SCC Senior Responsible Officer (the Authorised Representative),
therefore negated any requirement to seek legal advice (either internally
or externally) in connection with the waiver of a condition within the
contract schedule.

 

Q2. Did the County Solicitor/Monitoring Officer approve of the waiver and
extension of the original Framework Agreement?

 

Not Required - Please see response provided under Question 1.

 

The signing SRO for SCC is not, to my recent knowledge, a Director or a
Head of Service.

 

Q3. Did the signing SRO for SCC seek any approval from a more Senior
Officer? If so with whom & on what date please?

 

At the time of providing SWo formal notification (19^th March 2012) to
extend the Framework Agreement for a further period of two (2) years to
the 19^th March 2014, the Senior Responsible Officer has the authority
under the Council’s Constitution.

 

Q4. Did the signing SRO for SCC discuss (in any medium - meeting, call,
email etc) this matter with any elected Councillor (formally or
informally)? If so with whom & on what date please?

 

Under the requirements set out within SCC’s constitution, this was not
necessary. Please refer to responses provided to earlier questions.

 

Additional Request to Question 4 above (received: 16^th Nov 2012)

 

Q4. Can you please disclose the correspondence or notes or papers as well
as the contact and dates.

 

Please refer to responses provided to earlier questions.

 

Q5. The Framework Agreement was extended on the 19th March 2012. On that
date, was the Council in any form of informal or formal escalation or
dispute procedure with SW1 (or IBM)? If so, please provide details.

 

Given the volume of contract obligations and the complexity of the
Southwest One Contract, SCC ensures compliance and where necessary may
elect to deal with any disputes in line with the provisions set out within
the Memorandum Of Understanding (MOU) or MSDC.

 

At the time all partners agreed to extend the Framework Agreement (19^th
March 2012), SCC was engaged in a formal dispute with Southwest One in
connection with Procurement.

 

If you feel your request has not been answered in sufficient detail, or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

 

If you are not satisfied with the way we have dealt with your request, or
the information you have received, you can ask for an internal review of
our decision.

 

Please send your request to:

 

Peter Grogan

Corporate Information Governance Manager

Information Governance Team

Client Services Team / A2W

County Hall

Taunton

Somerset

TA1 4DY or email [1][email address]

 

We will carry out an internal review and we will write to you with the
results of our investigation.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an appeal.

 

The Information Commissioner can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF       Tel: 0303 – 123 1113

 

Please quote the reference numbers at the top of this letter in any future
correspondence.

 

Finally, please be aware that your response will appear, without your
contact details, on the Council’s website at:

 

[2]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team/A2W

County Hall

Taunton

Somerset

TA1 4DY

 

Tel: 01823-357194

 

Web : [3]www.somerset.gov.uk

 

 

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This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email 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.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. blocked::http://www.somerset.gov.uk/disclosurelog
http://www.somerset.gov.uk/disclosurelog
3. http://www.somerset.gov.uk/
http://www.somerset.gov.uk/

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