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Kier Damage to Crown Property Rates

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Peter Anderson

Dear Transport for London,
How many invoices have Kier sent you and others this year?
Are they using the same rates for you and others as for Highways England?
What schedule of rates do they use for Damage repairs to the road network?
I am asking for all information.
Yours faithfully,
Peter Anderson

FOI, Transport for London

Dear Mr Anderson

 

Our Ref:         FOI-0399-1920

 

Thank you for your request received on 7 May 2019 asking for information
about Kier.

 

Your request will be processed in accordance with the requirements of the
Freedom of Information Act and our information access policy. 

 

A response will be sent to you by 5 June 2019. We publish a substantial
range of information on our website on subjects including operational
performance, contracts, expenditure, journey data, governance and our
financial performance. This includes data which is frequently asked for in
FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[3][TfL request email]

 

 

 

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FOI, Transport for London

1 Attachment

Dear Mr Anderson

 

Our Ref:         FOI-0399-1920

 

Thank you for your request received on 7 May 2019 asking for information
about Kier.

 

Your request has been considered in accordance with the requirements of
the Freedom of Information Act and our information access policy. I can
confirm we hold some of the information you require. You asked:

 

How many invoices have Kier sent you and others this year?

 

Kier have sent TfL 12 invoices so far this calendar year. We do not hold
information on any invoices they have sent to other organisations.

 

Are they using the same rates for you and others as for Highways England?

 

We do not hold this information as we do not know the rates Kier has with
other organisations.

 

What schedule of rates do they use for Damage repairs to the road network?

 

In accordance with the Freedom of Information Act we are not obliged to
provide the schedule of rates as it is subject to a statutory exemption to
the right of access to information under section 43(2) commercial
interests.

 

In this instance the exemption has been applied as disclosure would be
likely to prejudice our commercial interests, as well as Kier’s, by
hindering their ability to operate competitively in the market place for
future contracts of this nature. Provision of this information would allow
rival bidders and potential clients to have an insight on their pricing
structure and manipulate this to hinder the ability of our contractors to
conduct their business as competitively as possible. LoHACs are not aware
of the rates of other LoHACs.

 

The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. We
recognise the need for openness and transparency by public authorities,
but in this instance we feel that the balance of public interest lies in
favour of withholding the information to ensure that future tender
processes of this nature remain fair and effective for all parties.

 

The Information Commissioner’s Office (ICO) have also issued a decision
notice ([1]FS50693918) upholding the use of section 43(2) to withhold this
information.

 

If this is not the information you are looking for please feel free to
contact me.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[2][TfL request email]

 

 

 

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Dear FOI,

I've read that DCP Rates are not commercially sensitive. I ask to be provided them.

Yours sincerely,

Peter Anderson

FOI, Transport for London

Thank you for your request for an internal review which was received on 16 May 2019.

You have stated that you are dissatisfied with the handling of your request for information under the Freedom of Information Act.

The review will be conducted by an internal review panel in accordance with TfL’s Internal Review Procedure, which is available via the following URL:

http://content.tfl.gov.uk/internal-revie...

Every effort will be made to provide you with a response by 14 June 2019. However, if the review will not be completed by this date, we will contact you and notify you of the revised response date as soon as possible.

Yours sincerely

Emma Flint
Principal Information Access Advisor
FOI Case Management Team
General Counsel

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