Oxford Direct Services - Trident Construction Ltd

The request was partially successful.

Cathy Monachello

Dear Oxford City Council,

1. Please detail all contracts and sums of money Oxford Direct Services have awarded to Trident Construction Ltd during the past five years .

2. For each contract awarded to Trident Construction Ltd how many other companies submitted tenders for the contract? Please provide the names of the companies that submitted the unsuccessful bids.

3. Please give specific details (dates, jobs and scope of work) undertaken by Trident Construction Ltd during the past 18 months.

4. For each job undertaken by Trident Construction Ltd, please list the trades of personnel or trades-persons they supplied i.e., electricians, carpenters, bricklayers etc.

Yours faithfully,

Cathy Monachello

freedomofinformation, Oxford City Council

Dear Ms Monachello,

Oxford City Council – Reference: 10082

Thank you for your email below. Your request was received on 28th April 2021 and you will be sent a response within 20 working days (of receipt) in accordance with the Freedom of Information Act 2000/ Environmental Information Regulations 2004 (EIR), subject to the information not being exempt or containing reference to a third party.

The Information Commissioner’s Office (ICO) recognises the unprecedented challenges all are facing during the coronavirus (COVID-19) pandemic.

In particular they understand that resources, whether they are finances or people, may be diverted away from usual compliance or information rights work. Whilst the ICO can’t extend statutory timescales, they will not be penalising public authorities for prioritising other areas or adapting their usual approach during this extraordinary period.

Therefore while the Council will make every effort to comply with the Statutory Requirements you may experience understandable delays when making information rights requests during the pandemic.

Yours sincerely

Kathryn Winfield
Information Governance Requests Officer

Kathryn Winfield | Information Governance Requests Officer | Oxford City Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS | Email: [email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays

Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance. Get tested if you have symptoms.

-----Original Message-----
From: Cathy Monachello [mailto:[FOI #751681 email]]
Sent: 28 April 2021 23:43
To: freedomofinformation
Subject: Freedom of Information request - Oxford Direct Services - Trident Construction Ltd

Dear Oxford City Council,

1. Please detail all contracts and sums of money Oxford Direct Services have awarded to Trident Construction Ltd during the past five years .

2. For each contract awarded to Trident Construction Ltd how many other companies submitted tenders for the contract? Please provide the names of the companies that submitted the unsuccessful bids.

3. Please give specific details (dates, jobs and scope of work) undertaken by Trident Construction Ltd during the past 18 months.

4. For each job undertaken by Trident Construction Ltd, please list the trades of personnel or trades-persons they supplied i.e., electricians, carpenters, bricklayers etc.

Yours faithfully,

Cathy Monachello

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #751681 email]

Is [Oxford City Council request email] the wrong address for Freedom of Information requests to Oxford City Council? If so, please contact us using this form:
https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

--
This email was Malware checked by UTM 9. http://www.sophos.com

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

hide quoted sections

freedomofinformation, Oxford City Council

Dear Ms Monachello,
 
Oxford City Council – Reference: 10082
 
Unfortunately the response to your request has been delayed. I shall
endeavour to respond to your request as soon as I receive the information
from the department.
 
Apologies for any inconvenience.
 
Kind regards
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
-----Original Message-----
From: freedomofinformation
Sent: 04 May 2021 08:57
To: 'Cathy Monachello'
Subject: RE: Freedom of Information request - Oxford Direct Services -
Trident Construction Ltd-10082 Acknowledgement
 
Dear Ms Monachello,
 
Oxford City Council – Reference: 10082
 
Thank you for your email below.  Your request was received on 28th April
2021 and you will be sent a response within 20 working days (of receipt)
in accordance with the Freedom of Information Act 2000/ Environmental
Information Regulations 2004 (EIR), subject to the information not being
exempt or containing reference to a third party.
 
The Information Commissioner’s Office (ICO) recognises the unprecedented
challenges all are facing during the coronavirus (COVID-19) pandemic.
 
In particular they understand that resources, whether they are finances or
people, may be diverted away from usual compliance or information rights
work. Whilst the ICO can’t extend statutory timescales, they will not be
penalising public authorities for prioritising other areas or adapting
their usual approach during this extraordinary period.
 
Therefore while the Council will make every effort to comply with the
Statutory Requirements you may experience understandable delays when
making information rights requests during the pandemic.
 
Yours sincerely
 
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [1][email address] | T: 01865 252007 My working days are
Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
-----Original Message-----
From: Cathy Monachello
[[2]mailto:[FOI #751681 email]]
Sent: 28 April 2021 23:43
To: freedomofinformation
Subject: Freedom of Information request - Oxford Direct Services - Trident
Construction Ltd
 
Dear Oxford City Council,
 
1. Please detail all contracts and sums of money Oxford Direct Services
have awarded to Trident Construction Ltd during the past five years .
 
2. For each contract awarded to Trident Construction Ltd  how many other
companies submitted tenders for the contract? Please provide the names of
the companies that submitted the unsuccessful bids.
 
3. Please give specific details (dates, jobs and scope of work) undertaken
by Trident Construction Ltd during the past 18 months.
 
4. For each job undertaken by Trident Construction Ltd, please list the
trades of personnel  or trades-persons they supplied i.e.,  electricians,
carpenters, bricklayers etc.
 
Yours faithfully,
 
Cathy Monachello
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
[3][FOI #751681 email]
 
Is [4][Oxford City Council request email] the wrong address for Freedom of
Information requests to Oxford City Council? If so, please contact us
using this form:
[5]https://www.whatdotheyknow.com/change_re...
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[7]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
 
-------------------------------------------------------------------
 
--
This email was Malware checked by UTM 9. [8]http://www.sophos.com
 

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #751681 email]
3. mailto:[FOI #751681 email]
4. mailto:[Oxford City Council request email]
5. https://www.whatdotheyknow.com/change_re...
6. https://www.whatdotheyknow.com/help/offi...
7. https://www.whatdotheyknow.com/help/ico-...
8. http://www.sophos.com/

hide quoted sections

Cathy Monachello

Dear freedomofinformation,

What is the reason that the response to my request has been delayed?

(You know it is a criminal offense to hide or change the evidence).

Yours sincerely,

Cathy Monachello

Cathy Monachello

Dear Oxford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Oxford City Council's handling of my FOI request 'Oxford Direct Services - Trident Construction Ltd'.

Oxford City Council has provided no reason as to why this FOI request has been delayed.

Oxford City Council have a legal obligation to to reply to the request in the allotted time.

It is also a criminal offense to destroy any evidence related to the FOI request.

In addition to my initial FOI request I would like to know the dates that Oxford Direct Services entered into negotiation with Trident Property Services for work to be carried out on behalf of Oxford Direct Services and the date the contract was signed.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Cathy Monachello

freedomofinformation, Oxford City Council

Dear Ms Monachello,
 
Oxford City Council – Reference: 10082
 
Further to your email below, at this stage we are not treating this as an
internal review, as we have now received a response from the department to
answer your request Ref:10082 which was delayed. Therefore,I can now
respond to your Freedom of Information Act 2000 request received on  28th
April 2021 as follows:
 
1. Please detail all contracts and sums of money Oxford Direct Services
have awarded to Trident Construction Ltd during the past five years .
Trident Construction Ltd were appointed as a supplier in 20/21, so there
are no previous contracts and were allocated one contract for painting
work not done in house in the Quarry area of Headington in 20/21 at a
total cost of £21,155.
 
2. For each contract awarded to Trident Construction Ltd  how many other
companies submitted tenders for the contract? Please provide the names of
the companies that submitted the unsuccessful bids.
Up to four sub-contractors have been invited to submit a price for each
job. Quotes are sought and work is awarded to the sub-contractor in
accordance with the ODS Procurement Policy. The names of unsuccessful
sub-contractors for the work awarded to the sub-contractors above is not
being provided in this response.
 
- unsuccessful suppliers: Section 43(2) of the Freedom of Information Act
exempts information whose disclosure would, or would be likely to,
prejudice the commercial interests of any legal person (an individual, a
company, the public authority itself or any other legal entity). Please
see exemption below.
 
3. Please give specific details (dates, jobs and scope of work) undertaken
by Trident Construction Ltd during the past 18 months.
Trident Construction Ltd were appointed in 2020 as a supplier and were
awarded a contract to carry out a range of external decoration of a number
of properties in the Quarry area. The work was carried out between
September 20 and March 21. The actual dates the work was done was managed
by the sub-contractor.
 
4. For each job undertaken by Trident Construction Ltd, please list the
trades of personnel  or trades-persons they supplied i.e.,  electricians,
carpenters, bricklayers etc.
Trident Construction Ltd carried out decoration work for the contract they
were awarded in the Quarry area. This work was carried out by painters. 
 
Section 43 – Commercially sensitive information.
 

 1. Information is exempt information if its disclosure under this Act
would, or would be likely to, prejudice the commercial interests of
any person (including the public authority holding it).

 
Therefore, we have determined that the release of the information
submitted by the unsuccessful bidders  would likely prejudice the
commercial interests of both the Council and the companies involved.
 
This information is therefore exempt from disclosure by virtue of section
43(2) of the Freedom of Information Act 2000, Commercial Interests.
 
Section 43 is a qualified exemption and the Council are obliged to apply
the public interest test.
 
Public Interest Test
 
Factors favouring disclosure:
Where public resources are being used, there is public interest in
accountability and justification. One of the underlying principles of the
Act is the need to be open and transparent and it can be argued that
disclosure of how other organisations would propose engaging with the
Council to deliver a service could support this.
 
Factors favouring non-disclosure:
The information within tenders is commercially sensitive and would be
useful to rivals within a competitive environment. Disclosure would harm
the commercial interests of the Council and its suppliers, as well as
undermining the professional relationship between suppliers and the
Council.
 
Likelihood of harm:
Disclosure  identifying whether a company is a bidder for tender would be
likely to damage the commercial reputation and therefore the commercial
interests of the Council. Other suppliers in similar procurement
activities, which the Council carries out regularly, would also be less
willing to engage with the Council, leading to less choice and higher
costs to the Council.
 
Balance test:
The disclosure of information under the FOIA, and therefore into the
public domain, would be likely to damage its relationships with the
company concerned, other companies who have bid for tenders  in the past,
companies currently holding contracts  for services, and any companies who
may consider bidding for tenders in the future leading to the Council
being unable to access the best services at the best cost. If the Council
were to be placed at a disadvantage when tendering in the future and had
more limited options to choose from this would be likely to prejudice its
commercial interests.
 
Oxford City Council – Reference: 10151
 
The new question below shall be dealt as a new request Ref:10151 received
on 1^st June 2021 and you will be sent a response within 20 working days
(of receipt) in accordance with the Freedom of Information Act 2000/
Environmental Information Regulations 2004 (EIR), subject to the
information not being exempt or containing reference to a third party.
 
In addition to my initial FOI request I would like to know the dates that
Oxford Direct Services entered into negotiation with Trident Property
Services for work to be carried out on behalf of Oxford Direct Services
and the date the contract was signed.
 
 
If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [email address] – or by post to Monitoring Officer, Oxford
City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS.  After
the result of the internal review, if you remain dissatisfied, you may ask
the Information Commissioner to intervene on your behalf.  You may do this
by writing to the Information Commissioner's Office, Wycliffe Lane,
Wilmslow, Cheshire, SK9 5AF.
 
Yours sincerely
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
-----Original Message-----
From: Cathy Monachello
[[1]mailto:[FOI #751681 email]]
Sent: 31 May 2021 17:15
To: freedomofinformation
Subject: Internal review of Freedom of Information request - Oxford Direct
Services - Trident Construction Ltd
 
Dear Oxford City Council,
 
Please pass this on to the person who conducts Freedom of Information
reviews.
 
I am writing to request an internal review of Oxford City Council's
handling of my FOI request 'Oxford Direct Services - Trident Construction
Ltd'.
 
Oxford City Council has provided no reason as to why this FOI request has
been delayed.
 
Oxford City Council have a legal obligation to to reply to the request in
the allotted time.
 
It is also a criminal offense to destroy any evidence related to the FOI
request.
 
In addition to my initial FOI request I would like to know the dates that
Oxford Direct Services entered into negotiation with Trident Property
Services for work to be carried out on behalf of Oxford Direct Services
and the date the contract was signed.
 
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[2]https://www.whatdotheyknow.com/request/o...
 
Yours faithfully,
 
Cathy Monachello
 
 
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #751681 email]
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[5]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
-------------------------------------------------------------------
 
--
This email was Malware checked by UTM 9. [6]http://www.sophos.com
 

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

References

Visible links
1. mailto:[FOI #751681 email]
2. https://www.whatdotheyknow.com/request/o...
3. mailto:[FOI #751681 email]
4. https://www.whatdotheyknow.com/help/offi...
5. https://www.whatdotheyknow.com/help/ico-...
6. http://www.sophos.com/

hide quoted sections

Cathy Monachello

Dear Oxford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Oxford City Council's handling of my FOI request 'Oxford Direct Services - Trident Construction Ltd'.

I wrote: 3. Please give specific details (dates, jobs and scope of work) undertaken
by Trident Construction Ltd during the past 18 months.

And you responded: Trident Construction Ltd were appointed in 2020 as a supplier and were
awarded a contract to carry out a range of external decoration of a number
of properties in the Quarry area. The work was carried out between
September 20 and March 21. The actual dates the work was done was managed
by the sub-contractor.

Please provide clarification of the following points:

(a) I would like to know the dates that Oxford Direct Services entered into negotiation with Trident Property Services for work to be carried out on behalf of Oxford Direct Services and the date the contract was signed.

(b) Between the dates of September 2020 and March 2021 did Oxford Direct Services have any of their own painters on furlough?

(c) If the answer to (b) was yes, why were third party painting contractors able to work while Oxford Direct Services own painters were on furlough?

I wrote: 2. For each contract awarded to Trident Construction Ltd how many other companies submitted tenders for the contract? Please provide the names of the companies that submitted the unsuccessful bids.

You responded: Up to four sub-contractors have been invited to submit a price for each job. Quotes are sought and work is awarded to the sub-contractor in accordance with the ODS Procurement Policy. The names of unsuccessful sub-contractors for the work awarded to the sub-contractors above is not
being provided in this response.

Since you are refusing to provide the names of other contractors that allegedly submitted bids for work, is there any way that members of the public are able to scrutinise the tendering procedure? Is it possible to request that the Council's auditors check the tendering process? What other mechanisms are in place to prevent contacts being awarded for personal gain?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Cathy Monachello

Abdul Hai left an annotation ()

You can inspect their accounts next year. https://www.oxford.gov.uk/info/20047/fin...

freedomofinformation, Oxford City Council

Dear Ms Monachello,
 
Oxford City Council – Reference: 10151
 
Further to the acknowledgement below, I can respond to your Freedom of
Information Act 2000 request received on 1st June 2021 as follows:
 
In addition to my initial FOI request
 
I would like to know the dates that Oxford Direct Services entered into
negotiation with Trident Property Services for work to be carried out on
behalf of Oxford Direct Services and the date the contract was signed.
 
Trident Property Services were appointed as an approved supplier for the
pre paint joinery work in August 2020.
The appointment of the Trident as an additional sub-contractor was done to
provide the required capacity to complete the external pre paint joinery
work requested by Oxford City Council. This work is delivered each year by
external sub-contractors.
Trident were appointed following an interview to set out the required work
and standards and submission of relevant documents required by ODS.
Trident were then invited to submit competitive quotes for work and were
successfully awarded external painting work in an area of Quarry. This
work commenced in September 2020. 
 
Being an approved supplier provides no guarantee of any level of work and
is not a contract. The contract is formed when ODS issues a Purchase Order
after receipt of a successful quote for the work and the Purchase Order is
accepted by the sub-contractor for delivery.
 
 
If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [1][email address] – or by post to Monitoring Officer, Oxford
City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS.  After
the result of the internal review, if you remain dissatisfied, you may ask
the Information Commissioner to intervene on your behalf.  You may do this
by writing to the Information Commissioner's Office, Wycliffe Lane,
Wilmslow, Cheshire, SK9 5AF.
 
Yours sincerely
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [2][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
_____________________________________________
From: freedomofinformation
Sent: 01 June 2021 15:08
To: 'Cathy Monachello'
Subject: RE: Internal review of Freedom of Information request - Oxford
Direct Services - Trident Construction Ltd-10082 Response and 10151
Acknowledgement
 
 
Dear Ms Monachello,
 
Oxford City Council – Reference: 10082
 
Further to your email below, at this stage we are not treating this as an
internal review, as we have now received a response from the department to
answer your request Ref:10082 which was delayed. Therefore,I can now
respond to your Freedom of Information Act 2000 request received on  28th
April 2021 as follows:
 
1. Please detail all contracts and sums of money Oxford Direct Services
have awarded to Trident Construction Ltd during the past five years .
Trident Construction Ltd were appointed as a supplier in 20/21, so there
are no previous contracts and were allocated one contract for painting
work not done in house in the Quarry area of Headington in 20/21 at a
total cost of £21,155.
 
2. For each contract awarded to Trident Construction Ltd  how many other
companies submitted tenders for the contract? Please provide the names of
the companies that submitted the unsuccessful bids.
Up to four sub-contractors have been invited to submit a price for each
job. Quotes are sought and work is awarded to the sub-contractor in
accordance with the ODS Procurement Policy. The names of unsuccessful
sub-contractors for the work awarded to the sub-contractors above is not
being provided in this response.
 
- unsuccessful suppliers: Section 43(2) of the Freedom of Information Act
exempts information whose disclosure would, or would be likely to,
prejudice the commercial interests of any legal person (an individual, a
company, the public authority itself or any other legal entity). Please
see exemption below.
 
3. Please give specific details (dates, jobs and scope of work) undertaken
by Trident Construction Ltd during the past 18 months.
Trident Construction Ltd were appointed in 2020 as a supplier and were
awarded a contract to carry out a range of external decoration of a number
of properties in the Quarry area. The work was carried out between
September 20 and March 21. The actual dates the work was done was managed
by the sub-contractor.
 
4. For each job undertaken by Trident Construction Ltd, please list the
trades of personnel  or trades-persons they supplied i.e.,  electricians,
carpenters, bricklayers etc.
Trident Construction Ltd carried out decoration work for the contract they
were awarded in the Quarry area. This work was carried out by painters. 
 
Section 43 – Commercially sensitive information.
 

 1. Information is exempt information if its disclosure under this Act
would, or would be likely to, prejudice the commercial interests of
any person (including the public authority holding it).

 
Therefore, we have determined that the release of the information
submitted by the unsuccessful bidders  would likely prejudice the
commercial interests of both the Council and the companies involved.
 
This information is therefore exempt from disclosure by virtue of section
43(2) of the Freedom of Information Act 2000, Commercial Interests.
 
Section 43 is a qualified exemption and the Council are obliged to apply
the public interest test.
 
Public Interest Test
 
Factors favouring disclosure:
Where public resources are being used, there is public interest in
accountability and justification. One of the underlying principles of the
Act is the need to be open and transparent and it can be argued that
disclosure of how other organisations would propose engaging with the
Council to deliver a service could support this.
 
Factors favouring non-disclosure:
The information within tenders is commercially sensitive and would be
useful to rivals within a competitive environment. Disclosure would harm
the commercial interests of the Council and its suppliers, as well as
undermining the professional relationship between suppliers and the
Council.
 
Likelihood of harm:
Disclosure  identifying whether a company is a bidder for tender would be
likely to damage the commercial reputation and therefore the commercial
interests of the Council. Other suppliers in similar procurement
activities, which the Council carries out regularly, would also be less
willing to engage with the Council, leading to less choice and higher
costs to the Council.
 
Balance test:
The disclosure of information under the FOIA, and therefore into the
public domain, would be likely to damage its relationships with the
company concerned, other companies who have bid for tenders  in the past,
companies currently holding contracts  for services, and any companies who
may consider bidding for tenders in the future leading to the Council
being unable to access the best services at the best cost. If the Council
were to be placed at a disadvantage when tendering in the future and had
more limited options to choose from this would be likely to prejudice its
commercial interests.
 
Oxford City Council – Reference: 10151
 
The new question below shall be dealt as a new request Ref:10151 received
on 1^st June 2021 and you will be sent a response within 20 working days
(of receipt) in accordance with the Freedom of Information Act 2000/
Environmental Information Regulations 2004 (EIR), subject to the
information not being exempt or containing reference to a third party.
 
In addition to my initial FOI request I would like to know the dates that
Oxford Direct Services entered into negotiation with Trident Property
Services for work to be carried out on behalf of Oxford Direct Services
and the date the contract was signed.
 
 
If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [3][email address] – or by post to Monitoring Officer, Oxford
City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS.  After
the result of the internal review, if you remain dissatisfied, you may ask
the Information Commissioner to intervene on your behalf.  You may do this
by writing to the Information Commissioner's Office, Wycliffe Lane,
Wilmslow, Cheshire, SK9 5AF.
 
Yours sincerely
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [4][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
-----Original Message-----
From: Cathy Monachello
[[5]mailto:[FOI #751681 email]]
Sent: 31 May 2021 17:15
To: freedomofinformation
Subject: Internal review of Freedom of Information request - Oxford Direct
Services - Trident Construction Ltd
 
Dear Oxford City Council,
 
Please pass this on to the person who conducts Freedom of Information
reviews.
 
I am writing to request an internal review of Oxford City Council's
handling of my FOI request 'Oxford Direct Services - Trident Construction
Ltd'.
 
Oxford City Council has provided no reason as to why this FOI request has
been delayed.
 
Oxford City Council have a legal obligation to to reply to the request in
the allotted time.
 
It is also a criminal offense to destroy any evidence related to the FOI
request.
 
In addition to my initial FOI request I would like to know the dates that
Oxford Direct Services entered into negotiation with Trident Property
Services for work to be carried out on behalf of Oxford Direct Services
and the date the contract was signed.
 
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[6]https://www.whatdotheyknow.com/request/o...
 
Yours faithfully,
 
Cathy Monachello
 
 
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #751681 email]
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
-------------------------------------------------------------------
 
--
This email was Malware checked by UTM 9. [10]http://www.sophos.com
 

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[FOI #751681 email]
6. https://www.whatdotheyknow.com/request/o...
7. mailto:[FOI #751681 email]
8. https://www.whatdotheyknow.com/help/offi...
9. https://www.whatdotheyknow.com/help/ico-...
10. http://www.sophos.com/

hide quoted sections

Cathy Monachello

Dear Oxford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Oxford City Council's handling of my FOI request 'Oxford Direct Services - Trident Construction Ltd'.

You did fully answer my question.

When Trident Property Services carried out work on behalf of Oxford Direct Services, how many of Oxford Direct Services own painters and decorators were at home each month on Government (taxpayer) subsidised furlough, while work was awarded to third party contractors?

Why would Oxford Direct Services award contracts to third parties while their own staff were being paid to stay at home? It would seem that there has been an abuse of the furlough scheme.

I do not believe that that work awarded to Trident was put out to tender. What checks are in place and what can members of the public do to scrutinise the tendering procedure if the Council refuses to release the information. How can members of the public be assured that contracts are not awarded for personal gain?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Cathy Monachello

freedomofinformation, Oxford City Council

Dear Ms Monachello,

Thank you for your email below, which is not considered to be an internal review. Your email has been forwarded onto Oxford Direct Services for them to respond to you directly.

For future reference -Questions are not considered valid requests under the Freedom of Information Act 2000 when they are asking for an opinion/explanation not for recorded information held by the Council.

Any new question you ask, could you please submit this question separately using a new email link as the "what do they know" system is designed for one request per thread only.

Yours sincerely

Kathryn Winfield
Information Governance Requests Officer

Kathryn Winfield | Information Governance Requests Officer | Oxford City Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS | Email: [email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays

Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance. Get tested if you have symptoms.

-----Original Message-----
From: Cathy Monachello [mailto:[FOI #751681 email]]
Sent: 18 June 2021 21:31
To: freedomofinformation
Subject: Internal review of Freedom of Information request - Oxford Direct Services - Trident Construction Ltd

Dear Oxford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Oxford City Council's handling of my FOI request 'Oxford Direct Services - Trident Construction Ltd'.

You did fully answer my question.

When Trident Property Services carried out work on behalf of Oxford Direct Services, how many of Oxford Direct Services own painters and decorators were at home each month on Government (taxpayer) subsidised furlough, while work was awarded to third party contractors?

Why would Oxford Direct Services award contracts to third parties while their own staff were being paid to stay at home? It would seem that there has been an abuse of the furlough scheme.

I do not believe that that work awarded to Trident was put out to tender. What checks are in place and what can members of the public do to scrutinise the tendering procedure if the Council refuses to release the information. How can members of the public be assured that contracts are not awarded for personal gain?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Cathy Monachello

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #751681 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

--
This email was Malware checked by UTM 9. http://www.sophos.com

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

hide quoted sections

Lorraine Cheshire,

6 Attachments

Dear Ms Monachello

 

Many of these questions have already been answered but for completeness I
am providing this information again.

 

Q1 When Trident Property Services carried out work on behalf of Oxford
Direct Services, how many of Oxford Direct Services own painters and
decorators were at home each month on Government (taxpayer) subsidised
furlough, while work was awarded to third party contractors?

 

Answer

During the period August 2020 to 30^th April 2021 the number of ODS
painters furloughed is as follows:

 

Month No of painters furloughed
August 20 4
September 20 2
October 20 0
November 20 4
December 20 4
January 21 8
February 21 9
March 21 8
April 21 7

 

 

Q2 Why would Oxford Direct Services award contracts to third parties while
their own staff were being paid to stay at home? It would seem that there
has been an abuse of the furlough scheme.

 

Answer:

ODS furloughed staff in accordance with the HMRC furlough guidelines and
as previously advised the work carried out by external contractors is work
that is not carried out by the in house team and can be legitimately
carried out by external contractors.

 

Q3 I do not believe that that work awarded to Trident was put out to
tender. What checks are in place and what can members of the public do to
scrutinise the tendering procedure if the Council refuses to release the
information. How can members of the public be assured that contracts are
not awarded for personal gain?

 

Answer:

The work awarded to Trident was subject to quotes. The three other
external painting contractors also provided quotes for the Quarry area of
painting work awarded to Trident. The opportunity to carry out the
seasonal painting work was sent to the four contractors to obtain details
of pricing and availability. The three other external painting contractors
also provided quotes for the Quarry area. Trident provided the lowest
overall price.

 

 

You have also asked what checks are in place to ensure a the process is
carried out correctly.  Written quotes were obtained and held by the
service in accordance with our procurement policy.

 

In relation to your point regarding the risk of personal gain - ODS
requires all staff to confirm as part of any procurement process that
there is no conflict of interest. This is recorded with the ODS company
lawyer.

 

If an employee or member of the public is concerned that a process has not
been complied with correctly an employee can raise their concern under the
organisation’s Whistle Blowing Policy.

A member of the public should address any concerns of this nature in
writing to the Finance Director of ODS email
[1][email address]

 

I trust this information is helpful.

 

Kind Regards

 

 

[2]cid:image003.png@01D5CADB.872DEC40  

Lorraine Cheshire | Customer Experience Manager

 

ODS | Horspath Road | Oxford OX4 2RH

[3][email address] | [4]www.odsgroup.co.uk

01865 252919 | 07825 365408

 

[5]cid:image002.png@01D5C6EC.68F0A300[6]cid:image003.png@01D5C6EC.68F0A300 [7]cid:image004.png@01D5C6EC.68F0A300 [8]cid:image005.png@01D5C6EC.68F0A300

 

 

 

 

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

References

Visible links
1. mailto:[email address]
3. mailto:[email address]
4. http://www.odsgroup.co.uk/
5. https://www.facebook.com/OxfordDirectSer...
6. https://www.linkedin.com/company/12053277
7. http://www.twitter.com/ODS_doinggood
8. https://www.youtube.com/channel/UCOFfsRq...

GRIFFITHS Emma, Oxford City Council

1 Attachment

Dear Ms Monachello,

 

I have been asked by the Council’s Head of Law & Governance and Monitoring
Officer, Susan Sale, to carry out an internal review in response to your
request on 8 June 2021 . I am sorry for the delay in carrying out the
internal review.

 

On 28 April 2021 you submitted a request for information under the Freedom
of Information Act 2000 (FOI 10082):

 

“1. Please detail all contracts and sums of money Oxford Direct Services
have awarded to Trident Construction Ltd during the past five years .

 

2. For each contract awarded to Trident Construction Ltd  how many other
companies submitted tenders for the contract? Please provide the names of
the companies that submitted the unsuccessful bids.

 

3. Please give specific details (dates, jobs and scope of work) undertaken
by Trident Construction Ltd during the past 18 months.

 

4. For each job undertaken by Trident Construction Ltd, please list the
trades of personnel  or trades-persons they supplied i.e.,  electricians,
carpenters, bricklayers etc.”

 

On 1 June 2021 my colleague Kathryn Winfield wrote to you in response to
your request for information as follows:

 

“Further to your email below, at this stage we are not treating this as an
internal review, as we have now received a response from the department to
answer your request Ref:10082 which was delayed. Therefore, I can now
respond to your Freedom of Information Act 2000 request received on  28th
April 2021 as follows:

 

1. Please detail all contracts and sums of money Oxford Direct Services
have awarded to Trident Construction Ltd during the past five years .

Trident Construction Ltd were appointed as a supplier in 20/21, so there
are no previous contracts and were allocated one contract for painting
work not done in house in the Quarry area of Headington in 20/21 at a
total cost of £21,155.

 

2. For each contract awarded to Trident Construction Ltd how many other
companies submitted tenders for the contract? Please provide the names of
the companies that submitted the unsuccessful bids.

Up to four sub-contractors have been invited to submit a price for each
job. Quotes are sought and work is awarded to the sub-contractor in
accordance with the ODS Procurement Policy. The names of unsuccessful
sub-contractors for the work awarded to the sub-contractors above is not
being provided in this response.

 

- unsuccessful suppliers: Section 43(2) of the Freedom of Information Act
exempts information whose disclosure would, or would be likely to,
prejudice the commercial interests of any legal person (an individual, a
company, the public authority itself or any other legal entity). Please
see exemption below.

 

3. Please give specific details (dates, jobs and scope of work) undertaken
by Trident Construction Ltd during the past 18 months.

Trident Construction Ltd were appointed in 2020 as a supplier and were
awarded a contract to carry out a range of external decoration of a number
of properties in the Quarry area. The work was carried out between
September 20 and March 21. The actual dates the work was done was managed
by the sub-contractor.

 

4. For each job undertaken by Trident Construction Ltd, please list the
trades of personnel  or trades-persons they supplied i.e.,  electricians,
carpenters, bricklayers etc.

Trident Construction Ltd carried out decoration work for the contract they
were awarded in the Quarry area. This work was carried out by painters.

 

Section 43 – Commercially sensitive information.

 

(1)         Information is exempt information if its disclosure under this
Act would, or would be likely to, prejudice the commercial interests of
any person (including the public authority holding it).

 

Therefore, we have determined that the release of the information
submitted by the unsuccessful bidders  would likely prejudice the
commercial interests of both the Council and the companies involved.”

 

On 8 June 2021 you wrote an email as follows:

 

“Please pass this on to the person who conducts Freedom of Information
reviews.

 

I am writing to request an internal review of Oxford City Council's
handling of my FOI request 'Oxford Direct Services - Trident Construction
Ltd'.

 

I wrote:  3. Please give specific details (dates, jobs and scope of work)
undertaken by Trident Construction Ltd during the past 18 months.

 

And you responded: Trident Construction Ltd were appointed in 2020 as a
supplier and were awarded a contract to carry out a range of external
decoration of a number of properties in the Quarry area. The work was
carried out between September 20 and March 21. The actual dates the work
was done was managed by the sub-contractor.

 

Please provide clarification of the following points:

 

(a)  I would like to know the dates that Oxford Direct Services entered
into negotiation with Trident Property Services for work to be carried out
on behalf of Oxford Direct Services and the date the contract was signed.

 

(b) Between the dates of September 2020 and March 2021 did Oxford Direct
Services have any of their own painters on furlough?

 

(c) If the answer to (b) was yes, why were third party painting
contractors able to work while Oxford Direct Services own painters were on
furlough?

 

I wrote: 2. For each contract awarded to Trident Construction Ltd how many
other companies submitted tenders for the contract? Please provide the
names of the companies that submitted the unsuccessful bids.

 

You responded: Up to four sub-contractors have been invited to submit a
price for each job. Quotes are sought and work is awarded to the
sub-contractor in accordance with the ODS Procurement Policy. The names of
unsuccessful sub-contractors for the work awarded to the sub-contractors
above is not being provided in this response.

 

Since you are refusing to provide the names of other contractors that
allegedly submitted bids for work, is there any way that members of the
public are able  to scrutinise the tendering procedure?  Is it possible to
request that the Council's auditors check the tendering process? What
other mechanisms are in place to prevent contacts being awarded for
personal gain?”

 

In conducting the Internal Review I have considered the information that
the Council released to you from Oxford Direct Services Ltd (ODSLtd) and
the exemptions applied. I am able to provide the following additional
information which you may find helpful:

 

Other contractors were awarded seasonal pre paint joinery work alongside
Trident Construction Limited. All of the bidders were awarded some work
each year - all four contractors were awarded packages of work following
the submission of competitive quotes. Details of the sub-contractors,
spend, periods that work was undertaken and locations is provided in the
tables below.

 

PPJ -Contractor Spend
2018-19
Contractor Areas Worked Period Spend Cost
May
2018 -
March £              
LA Woods South Ward 2019 96,610.00
May
2018 -
Jones & March £            
Reeves South Ward 2019 229,630.00
2019-20
Contractor Ward Worked Period Spend Cost
May
2019 -
March £              
LA Woods Headington/Barton 2020 95,719.81
May
2019 -
Jones & March £            
Reeves Headington/Barton 2020 197,074.20
Aug
2019 -
South Ward (Riverside March £            
Mitie Court)Barton/Risinghurst 2020 133,067.00
2020-21
Contractor Areas Worked Period Spend Cost
Sept
2020 -
Woodfarm Ward(Areas 1 & March £              
LA Woods 3) 2021 49,662.00
Oct
2020 -
Jones & Woodfarm Ward(Areas 1,2 March £            
Reeves & 3) 2021 168,710.00
Oct
South Ward (Riverside 2020 -
Court)Woodfarm March £            
Mitie Ward(Areas 1,2 & 3) 2021 167,095.60
Aug
2020 -
March £              
Trident Quarry Ward 2021 24,685.15

 

Please note, I am informed that the difference in spend for work conducted
by Trident Construction Limited is because the first figure of £21,155
included payments made in the year. The final payment of £3,530 for work
completed in 2020/21 was made in at the start of 2021/22.

 

I would suggest that if you require any further information about the way
in which Oxford Direct Services conducts its procurement exercises and how
contracts are awarded you contact the company directly. Any queries such
as this do not fall within the remit of the Freedom of Information Act
2000 as they are not requests for recorded information held but rather
about a process. There is a general email address that you could use to
seek the background procurement information that you seek -
[1][email address].

 

I hope that this information is helpful.

 

If you are not satisfied with this response you may ask the Information
Commissioner to intervene on your behalf. You may do this by writing to
the Information Commissioner's Office, Wycliffe Lane, Wilmslow, Cheshire,
SK9 5AF.

 

Yours sincerely,

Emma Griffiths

For and on behalf of Susan Sale, Head of Law & Governance and Monitoring
Officer, Oxford City Council

 

Emma Griffiths | Lawyer | Law & Governance | Oxford City Council | St
Aldate's Chambers | St Aldate’s | Oxford OX1 1DS | DX 4309 Oxford 1 |
01865 252208 (POST POINT SAC 3.8)

 

Service of documents by email is accepted at
[2][email address] only. The subject header must be
marked ‘SERVICE’.  Service by fax is not accepted.

 

Stop the virus from spreading. Keep Oxford safe.

Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.

 

     [3]cid:image004.png@01D3E785.A74A7E20

 

 

      

 

0017109 / 00674739

 

--
This email was Malware checked by UTM 9. http://www.sophos.com

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. All communications sent to or from Oxford City Council may be subject to recording and/or monitoring in accordance with relevant legislation. if you have received this email in error please notify the author by return email.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]