Dear White Arkitekter,

FREEDOM OF INFORMATION ACT 2000 (FOIA) - REQUEST FOR INFORMATION

The City of London (CoL) acknowledges receipt of your request for information of 24 January 2024.

Public authorities are required to respond to requests within the statutory timescale of 20 working days beginning from the first working day after they receive a request. The Act does not always require public authorities to disclose the information which they hold.

The FOIA applies to the CoL as a local authority, police authority and port health authority. The CoL is the local and police authority for the "Square Mile", ie the historic City of London, and not for London as a whole. Please see the following page containing a link to a map (City of London - Interactive Mapping), which shows the local authority area covered by the CoL:
https://www.mapping.cityoflondon.gov.uk/...

The CoL does have some functions, including Port Health Authority functions, which extend beyond the City boundary. For further information please see: http://www.cityoflondon.gov.uk/.

Yours sincerely,

Information Officer
Comptroller & City Solicitor's Department
City of London
Tel: 020-7332 1243
http://www.cityoflondon.gov.uk/

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Dear White Arkitekter,

 

FREEDOM OF INFORMATION ACT 2000 (FOIA) - REQUEST FOR INFORMATION

 

Following your request of 24 January 2024, and our acknowledgement of 25
January 2024, the City of London (CoL) responds as follows. 

 

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

In response to question 1, please see the KPIs attached for this framework
agreement.

 

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

 

With reference to question 2, a list of successful suppliers who applied
for inclusion on the framework is below:

 

Lot 1

 

1 Child Graddon Lewis

2 Jestico+Whiles

3 Morrow+Lorrain

4 Carmody Groarke

5 Barr Gazetas

6 TateHindle

 

Lot 2

 

1 Lifshultz Davidson Sandilands

2 BDP

3 Hawkins Brown Architects

4 Maccreanor Lavington Ltd

5 Morris + Company

6 Eric Parry Architects

 

Lot 4

 

1 Feilden Clegg Bradley

2 Lifshultz Davidson Sandilands

3 BDP

4 PDP London

5 Wilkinson Eyre Architects

6 EPR Architects

 

FOIA section 43(2) - Prejudice to the commercial interests of any person
(including the public authority)

 

In accordance with FOIA section 43(2), the CoL considers that disclosure
of the names of the unsuccessful suppliers, would prejudice the commercial
interests of the contractor and the CoL, and that such prejudice would
definitely occur and would not just be likely to occur. The CoL considers
that, were this information publicly disclosed, this may harm to
contractor's competitiveness, and to the reputation of the CoL in dealing
fairly with contractors, with consequent financial harm to the CoL.

                  

The specific harm which would occur is to the competitive position of the
contractor; and to the financial position of the CoL through the harm this
would do to the CoL's ability to attract tenders from market leaders in
the private sector and the confidence of third parties in doing business
with us.

 

The section 43(2) exemption is subject to the public interest test.  The
public interest arguments in favour of disclosure of such information have
been clarified in published guidance. They would be:

 

(i) The desirability of furthering the understanding of, and participation
in, public debate on procurement.

(ii) Facilitating accountability and transparency of public authorities
for their procurement decisions.

(iii) Facilitating accountability and transparency in the spending of
public money.

 

Nevertheless, in the view of the CoL the application of the public
interest test in relation to the section 43(2) exemption weighs heavily
against disclosure in this instance, for the following reasons. 

 

To publicly disclose the information would prejudice the financial
interests of the CoL, the contractor, and those of the wider community.
Building up and sustaining a competitive advantage can take a considerable
amount of time, effort, money and managerial vision. Unfair competition
through disclosure is not helpful to the wider economy, discouraging
competition, to the disadvantage of society and public authorities (in
receiving value for money from public contracts), and therefore is not in
the public interest.

 

The CoL therefore finds that, if this information were placed within the
public domain, there is a real and significant risk of harm to the
commercial position of the contractors and the CoL, which is not
outweighed by any public interest in disclosure; and that, on the
contrary, the public interest weighs heavily against disclosure.

 

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

 

There is no spend against the framework agreement yet.

 

 4. Start date & duration of framework/contract?

 

We can confirm that the start date and duration of the framework agreement
is 1 October 2023 - 30 September 2027.

 

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

 

Please find attached the final specification given to all bidders
“Architectural Services Scope v8 -Final 17.5.22 (5)”.

 

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

 

We can confirm that there is no extension clause in the framework
agreement.

 

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

 

Not applicable, please see the above response for question 6.

 

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

 

Lastly, we can confirm that the Property Projects Group Director, City
Surveyor’s Department is responsible for this framework agreement.

 

We hope that this response is of assistance.

 

If you wish to make a complaint about the way the CoL has managed your
enquiry, please make your complaint in writing to email address:
[1][email address] For a link to the CoL’s FOI
complaints procedure, please visit the following page:
[2]www.cityoflondon.gov.uk/Feedback, at the end of which is located the
FOI complaints procedure. If, having used the CoL’s FOI Complaints
Procedure, you are still dissatisfied, you may request the Information
Commissioner to investigate. Please contact: Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 0303
123 1113. Website: [3]http://www.ico.org.uk/.

 

The FOIA applies to the CoL as a local authority, police authority and
port health authority; and to the Guildhall School of Music and Drama
(GSMD), which it manages. Subject to any other statutory provisions
requiring the CoL to disclose information, release of information outside
the scope of the Act is subject to the discretion of the CoL.

 

The CoL holds the copyright in this communication. Its supply does not
give a right to re-use in a way that would infringe that copyright, for
example, by making copies, publishing and issuing copies to the public or
to any other person. Brief extracts of any of the material may be
reproduced under the fair dealing provisions of the Copyright, Designs and
Patents Act 1988 (sections 29 and 30) for the purposes of research for
non-commercial purposes, private study, criticism, review and news
reporting, subject to an acknowledgement of the copyright owner.

 

Yours sincerely,

 

 

Access to Information Network Representative

Commercial Services

Chief Operating Officer’s Department

City of London Corporation

 

 

 

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References

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