Matrix Access Agreement

Mark Beedles made this Freedom of Information request to Lambeth Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Lambeth Borough Council,

I am writing to request under the Freedom of Information Act a copy of the access agremment with Matrix SCM dated 3/11/2008

I have already seen a redacted copy of this and wish to be provided with a version with all figures intact

for the avoidance of doubt the clauses i wish to see are

appendix 3

clause 2

2.2 and 2.3

clause 3

all the tables with the equations

what has happened to clause 4

clause 6

table in 6.2

clause eight

table in 8.5

8.7

clause 9

all of 9.2

schedule a

clause 4 figures in table

clause 7

7.6 and 7.7

In anticipation of your contention that this information cannot be
released due to commercial sensitivity, I wish to make the
following comments (section 43):

1. The Ministry of Justice Working Assumptions - Procurement Annex
A (November 2008) provide useful guidance to public sector
organisations on Freedom of Information Act requests concerning
tenders. Specifically, on page 5, they detail that general tender
information (including price) and information on the supplier's
approach to the work should generally be disclosed, unless the
supplier has a unique approach that could be considered a 'trade
secret'.

2. It is common practice that invitations to tender usually ask
bidders to identify any information within their tenders which is
considered to be commercially sensitive. Assuming that this
provision was included in your Invitation to Tender, I trust you
will check the winning tender to see whether any such information
was identified by Tribal Resourcing as a start point for
considering any exemptions (although you will still need to
consider the reasonableness of any such exemption).

3. The value of any sensitive information obviously lessens over
time, and it has now been eight months since the contract was
signed, and the service is in the process of being launched. It is
therefore unlikely that there is any justification for withholding
this information.

If you decide that there are some parts of the tender which you may
need to withhold under an exemption, please can you release as much
of the documentation as possible in the first instance rather than
simply refusing the request.

Yours faithfully,

Mark Beedles

Gardner1,Richard, Lambeth Borough Council

Dear Mr Beedles

FOI Acknowledgement

Thank you for your FOI Request, as below. Please quote our ref 127406 in
any further correspondence about this request.

We anticipate responding within the statutory period of 20 working days
following the date of receipt, in this case by 20/04/10.

Thank you for your interest in Lambeth Council.

Richard Gardner
Information Compliance Adviser
London Borough of Lambeth
ICT Services
Finance & Resources

tel: 020 79267741
www.lambeth.gov.uk
3rd Floor, Ivor House, 1 Acre Lane, London, SW2 5BF

Lambeth - Making a difference

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Goodwin,Ian, Lambeth Borough Council

1 Attachment

Our reference: 127406

Dear Mr Beedles,

Thank you for your email of 19 March 2010. I have considered your FOI
request below, which you have made on the back of a previous disclosure of
the Council's agreement with Matrix (our managed services provider).

In response to your request I should point out that we are not able to
provide you with Matrix's pricing information (which relates to all of the
redactions previously made), as such a disclosure would prejudice their
commercial interests in the competitive recruitment market. Also, we are
of the view that this information is still commercial sensitivity, as the
same pricing structures are in use.

Having reviewed a non-redacted version of the document I can confirm that
there is no clause 4 in appendix 3 (as referenced in your email below).

In refusing to provide any of the previously redacted information the
Council is relying on the exemption from disclosure provided by section
43(2)in that the disclosure of previously redacted information would
prejudice the commercial interests of our managed services provider
(Matrix), as this information relates to their pricing structures and such
a disclosure under FOI to the anyone upon request is likely to prejudice
their competitive position and we do not believe that the public interest
in openness and transparency supports the disclosure of a non-redacted
version of the agreement.

However, in the interests of openness and transparency I am have attached
details of the job titles and Pay scales currently used by the Council
(For PAYE and Limited Co.), excluding any managed service provider pricing
information.

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review by
emailing: [email address] (Please quote the reference number
above) or by writing to:

Corporate Complaints Manager

Lambeth Town Hall

Brixton Hill

Brixton

SW2 1RW

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 01625 545745

Yours sincerely,

Ian Goodwin

Information Governance Manager

London Borough of Lambeth

ICT Services

Finance & Resources

tel: 02079262341

www.lambeth.gov.uk

3rd floor Ivor House, 1 Acre Lane, London, SW2 5BF.

Lambeth - Making a difference

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