Dear Cheshire East Council,
Please could you send me the following costs for Interpreting and
Translation Services as used by your trust:
Face to Face Interpreting (cost per hour - present supplier)
Face to Face Interpreting (total spend 2014-15)
Translation Costs (per 100 words - present supplier)
Translation Costs (total spend 2014-15)
In addition please could you send me a copy of the successful
suppliers tender document.
I believe under the terms of the FOI Act 2000 I should receive this
information within 20 working days from today's date. I am happy to
receive the information by email.
Dear Mr Johnson
Thank you for your email.
It will be treated as a request for information within the meaning of the Freedom of Information Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it. The due date is 4/11/2015 . If we need any further clarification or there is any problem we will be in touch.
In the meantime if you wish to discuss this further please contact the department. It would be helpful if you could quote the log number 811074.
Compliance & Customer Relations,
Cheshire East Council
1st Floor Westfields,
Dear Mr Johnson
RE : FOI CASE REFERENCE 811074
I am responding to your request for information logged as case reference 811074 and which was considered under the Freedom of Information Act 2000. Your request is as follows:
Please send me:
1) Face to face interpreting (cost per hour – present supplier)
2) Face to Face Interpreting (Total spend 2014-15)
3) Translation costs (per 100 words – present supplier)
4) Translation costs (total spend 2014-15)
5) Successful supplier’s tender document.
The total cost of face to face interpreting for 2014-15 (financial year) was £34,636.48 and the total cost of translation services for 2014-15 (financial year) was £10,866.51.
We have been unable to provide the pricing information of the individual suppliers or the successful suppliers’ tender documents for the reasons listed below.
Regulation 21 of the Public Contracts Regulations 2015 states that public authorities should not disclose any information that a tenderer has forwarded to support their tender; and which it has designated as confidential including but not limited to technical or trade secrets and the confidential aspects of tenders. This has to be information that is reasonably designated as confidential. Therefore this information could be exempt from disclosure under Section 44 – Prohibitions on Disclosure of the Freedom of Information Act (FOIA) 2000. It could also be exempted under Section 41 – Breach of Confidence (FOIA 2000) on the basis that disclosure of the information would give rise to an actionable breach of confidence. Thirdly consideration could also be given to Section 43 (FOIA 2000) - Prejudice to Commercial Interests.
All tender processes are undertaken in confidence as the public authority has a duty of care towards the tenderers, taking into account Regulation 21 of the Public Contracts Regulations as detailed above. As I am sure you are aware, Cheshire East Council does not publish the names of unsuccessful tenderers. However, I can confirm that Cheshire East Council has provided the blank ITT documents that were advertised on The Chest. A contract notice has also been in the OJEU with all the relevant contract information. Therefore the authority has already proactively published the information it is able to.
Therefore in this case, I can confirm that Section 44 of the Freedom of Information Act exempts information from disclosure if it is prohibited by law. The Information Commissioner advises that “Section 44 covers information which is prohibited from disclosure under other legislation. Information is exempt if its disclosure by the public authority holding it:
• is prohibited by or under any enactment • is incompatible with any Community obligation, or • would constitute or be punishable as a contempt of court”
I can also advise you that section 44 is an absolute exemption. This means that if information is covered by any of the subsections in s44 then it is exempt from disclosure.
In this case the Regulation 21 of the Public Contracts Regulations 2015 states that public authorities should not disclose any information that a tenderer has forwarded to support their tender; and which it has designated as confidential including but not limited to technical or trade secrets and the confidential aspects of tenders Consequently, I cannot disclose copies of all the submissions that were received by the council in response to this tender. This is because Section 44(1) (a) will apply to this request.
a) Where the disclosure of information is prohibited under any enactment - Section 44 (1) (a) Section 44 (1) (a) provides for the exemption of information where its disclosure is prohibited by other legislation. Provisions in existing legislation prohibiting the disclosure of information are referred to as statutory prohibitions or statutory bars and require a public authority not to disclose specific information.
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review under the Freedom of Information Act you should write to the Compliance Unit, Cheshire East Council, Westfields, Middlewich Road, Sandbach, Cheshire, CW11 1HZ.
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Procurement excellence for Cheshire East Council Cheshire East Council
Location: Westfields, Middlewich Road, Sandbach, CW11 1HZ
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