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Procurement process for OLM Eclipse

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Dear Bromley Borough Council,

In the following FOI response you disclosed that the council is implementing the Eclipse software system from OLM

Q1: Please provide a copy of all procurement documents (eg statement of requirements, invitation to tender documents etc) relating to this procurement
Q2: What is the cost of the Eclipse solution? Please break down your response into initial software cost, implementation services and annual support costs
Q3: When was the contract signed?
Q4: You mention a 'gateway review' in 2015. Please provide copies of all papers related to this gateway review

Yours faithfully,

Steve Hall

BromleyCorporateCustomerServices,

1 Attachment

Dear Mr Hall,

Thank you for your email – your request will be passed to a departmental
coordinator to provide a reply.

By law, the council may take up to 20 working days to provide you with
non-personal information held by the authority.  In some cases, a charge
may apply.  If so, we will contact you to let you know the cost and then
you can decide whether to go ahead with the request or not.  Where charges
apply, the time scales indicated do not take effect until we have received
payment. 

In future, so that your request can be sent direct to the correct
department, please use the following link to submit your request on line –
[1]www.bromley.gov.uk/freedomofinformation

Kind regards

 

 

Debby

Customer Service Advisor 

Customer Service Centre

Tel: 020 8464 3333

Web: www.bromley.gov.uk

Please be aware issues can also be reported online using the following
link http://www.bromley.gov.uk/report

 

Help us to improve our service:  www.bromley.gov.uk/HowDidWeDo

 

 

 

 

 

 

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CYP Freedom of Information, Bromley Borough Council

Dear Requester

 

Further to your recent FOI enquiry, having completed my enquiries, please
see response(s) highlighted in blue below (and link) provided by a
project manager in Education, Care & Health Services.

 

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FOI RESPONSE BELOW:

 

In response to your enquiry, there is a project currently underway whereby
London Borough Bromley are working with OLM as an early adopter of the new
Eclipse ICS for children’s social care.  We are party to a non‑disclosure
agreement with them and so cannot disclose information about the project.

 

However, please see link below for the Gateway Review:

 

·                  Link:  [1]Gateway Review.

 

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

 

We trust this completes your FOI enquiry which has now been closed.

 

Thank you for your request.

 

Regards

 

 

 

 

FOI Co-ordinator

Education, Care and Health Services

London Borough of Bromley

[2]www.bromley.gov.uk

 

 

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Please note:

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at Sec
(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at Sec (1)(b) is to disclose information
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provide the requester with a notice which: a) states fact b) specifies
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If you are dissatisfied with the handling of your FOI request, you have
the right to ask for us to conduct an internal review.

 

If you are not content with the outcome of our internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The information Commissioner can be contact on 0303 123 1113 or
01625 545 745.

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

 

 

 

 

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Dear Bromley Borough Council,

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

I am writing to request an internal review of Bromley Borough Council's handling of my FOI request 'Procurement process for OLM Eclipse'.

My request has been refused in its entirety. I do not believe that this is an appropriate application of an exemption

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

Yours faithfully,

Steve Hall

BromleyCorporateCustomerServices,

1 Attachment

Dear Mr Hall,

Thank you for your email.

I have passed it to our FOI Department & asked them to reply to you
direct.

yours sincerely,

Sue
 
Customer Service Centre
Web: [1]www.bromley.gov.uk
Please be aware issues can also be reported online using the following
link [2]http://www.bromley.gov.uk/report
Help us to improve our service:  www.bromley.gov.uk/HowDidWeDo

Walton, Graham, Bromley Borough Council

1 Attachment

Dear Mr Hall,

 

Thank you for your message last night – I can confirm that we will review
the response given to your request and aim to get back to you within
twenty working days.

 

Regards,

 

Graham Walton

Democratic Services Manager

London Borough of Bromley

Tel. 020 8461 7743

www.bromley.gov.uk

 

Fraser, Susan, Bromley Borough Council

Dear Mr Hall

 

Your request for a review of this FOI request was passed to me to
consider.  I agree that the Council cannot just refuse to release
information; it has to refer to a valid exemption within FOIA and then
(with some exceptions) carry out the public interest test to decide
whether it is still appropriate to apply the exemption.  I accept that
this was not done in this case. In addition I do not consider that s43
(commercial confidentiality), which appears to be the basis for the
original decision, would actually apply to the information that you
requested. 

 

You asked 4 questions; the Council provided a link to a public document
which answered Q4 but said no other information could be provided because
of a non-disclosure agreement with OLM.  The unanswered questions are set
out below with the response.

 

Q1: Please provide a copy of all procurement documents (eg statement of
requirements, invitation to tender documents etc) relating to this
procurement

In this case the Council was  negotiating with a single supplier, who had
already been working with the Council on this project for a number of
years.  The Council did not therefore go out to tender, and none of the
documents you have listed actually exists.

 

Q2: What is the cost of the Eclipse solution? Please break down your
response into initial software cost, implementation services and annual
support costs  

The total value of the contract with a breakdown between the cost of the
purchase of the system and the annual support cost is actually set out in
the Gateway Review report to the Care Services Portfolio Holder which was
supplied to you via the link provided in response to question 4.  There is
no further breakdown of the costs available.

 

Q3: When was the contract signed? 

The original contract is dated 19/05/2006; it has been extended on a
number of occasions by a variation to the original contract, most recently
in March 2016.

 

I hope that this satisfactorily answers your questions.  However, if you
are not satisfied with the response, you are of course entitled to refer
the matter to the ICO (ico.org.uk).

 

Yours sincerely

 

Susan Fraser
Senior Solicitor
Corporate Services Department
London Borough of Bromley
Civic Centre
Stockwell Close
Bromley BR1 3UH

Tel: 020 8313 4459
Fax: 020 8290 0608

 

Dear Ms Fraser,

Thank you for this response. However, the link provided does not work - I am unable to access the gateway review documents.

Accordingly, I am unable to know how to respond with regard to the other responses you have provided. For example, if the value of the contract exceeds the OJEU threshold, then there is a case for public proceedings relating to breach of EU procurement regulations - without access to the gateway review, I am unable to gauge this.

Could you provide a copy of the gateway review as an attachment, or alternatively refresh the link, please?

Yours sincerely,

Steve Hall

Fraser, Susan, Bromley Borough Council

I am now out of the office on leave, returning Monday 9 October.  Any
queries concerning highways should be referred to Cheryl Drakes; housing
and general litigation to Damian Walls; contracts to Shupriya Iqbal; and
employment to Consocia Muikira.  Any property matters that really cannot
wait for my return should be referred to Donald Mayhew.  All e-mail
addresses are [email address]

 

Thank you

Susan Fraser
Senior Solicitor
Legal Services

 

Fraser, Susan, Bromley Borough Council

Dear Mr Hall

This link - http://cds.bromley.gov.uk/ieListDocument... - takes you to the agenda for the relevant meeting; the gateway review is item 15, and there are links leading to the report and the supplemental documents referred to

Kind regards

Susan Fraser
Senior Solicitor
Corporate Services Department

Tel: 020 8313 4459
Fax: 020 8290 0608

Dear Ms Fraser,

Thank you for your response.

However, the Gateway Review documentation to which you referred me does not deal with the Eclipse system from OLM, but with the MyLife portal, also from OLM. Accordingly, you have provided none of the requested information.

Please provide an explanation for this misdirection.

I note that the annual support costs paid to OLM are completely absent from your response. Based on my researches elsewhere, these are likely to be significantly in excess of the EU threshold. If the intention is that Bromley Council will take the new system from OLM and just keep paying hundreds of thousands of pounds per annum with no opportunity for EU companies to bid for the new system supply then this would appear to be a clear breach of EU procurement law - which still applies.

Please provide the requested information without further delay. I understand that OLM's intellectual property should be respected, and will accept reasonable redaction for this purpose, but I cannot accept a blanket refusal to provide any information regarding a contract for a new product which appears to have been let without any of the legally mandated processes being followed.

Yours sincerely,

Steve Hall

Fraser, Susan, Bromley Borough Council

I am out of the office on  Tuesday 24 October and will not have access to
e-mails.  I will be back in the office on Wednesday  25 October

 

Any queries relating to contract and procurement matters should be
forwarded to the Legal Services Contracts group e-mail box

 

Thank you

Susan Fraser
Senior Solicitor
Legal Services

 

Dear Bromley Borough Council,

Please respond to my previous request. I received an out of office notification for 25th October, but that was a number of weeks ago and I would certainly have expected a response by now.

Yours faithfully,

Steve Hall

BromleyCorporateCustomerServices,

Dear Mr Hall

Thank you for your email which has been forwarded to the freedom of
information section to look into.

Yours Sincerely
Tracey
Customer Service Advisor 
Customer Service Centre
Phone: 020 8464 3333
Web: [1]www.bromley.gov.uk
Please be aware issues can also be reported online using the following
link [2]http://www.bromley.gov.uk/report
Help us to improve our service:  www.bromley.gov.uk/HowDidWeDo

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Dear Bromley Corporate Customer Services,

Here is the timeline for this - unanswered - FOI request:

6 July 2017 –FOI request submitted
25 July 2017 – Council response, which was a refusal
15 August 2017 – requested Internal Review
18 September 2017 – review upheld. Link provided which did not work
4 October 2017 – I highlighted that the link did not work
10 October 2017 – working link provided. However, none of the requested information was available via this link. It is possible that the Council has confused the Eclipse product from OLM with an adult portal, named MyLife, also available from OLM
23 October 2017 – I highlighted that the link did not answer any of my questions and requested that the original FOI questions – submitted in July – be answered
15 November 2017 – I sent a reminder

This has been 5 months! Please answer my questions without further delay.

Yours sincerely,

Steve Hall

BromleyCorporateCustomerServices,

Good morning,

Thank you for your email. I have forwarded this to the Democratic Services
Manager to reply.

Kind regards
Katy 
Customer Service Advisor 
Customer Services Centre 
Tel: 0208 464 3333
Web: [1]www.bromley.gov.uk
Please be aware issues can also be reported online using the following
link [2]http://www.bromley.gov.uk/report
Help us to improve our service:  www.bromley.gov.uk/HowDidWeDo

 

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Dear BromleyCorporateCustomerServices,

It is now 2 weeks since your last correspondence, with no substantive response yet supplied. I would highlight that this request is many months overdue.

I expect a response without further delay, or I will have no alternative but to ask the ICO to intervene.

Yours sincerely,

Steve Hall

BromleyCorporateCustomerServices,

Dear MR Hall,

Thank you for your email.

I have spoken to FOI Manager and asked them to arrange for a reply to be
sent to you direct.

yours sincerely,

Sue
 
Customer Service Centre
Web: [1]www.bromley.gov.uk
Please be aware issues can also be reported online using the following
link [2]http://www.bromley.gov.uk/report
Help us to improve our service:  www.bromley.gov.uk/HowDidWeDo

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