Water Hygiene Tender

Peter James made this Freedom of Information request to Devon County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Devon County Council,

Please accept this as a request for information under the Freedom of Information Act.

I am interested to better understand the outcome of the procurement exercise for the “Construction tender: Lot 6 Water Quality Inspections” that was awarded to Eplus Global on the 24/02/12 (OJEU Ref: 12/S 79-129233/EN)

To this end, I would be obliged if you would forward to me a copy of the winning tender submission along with all supporting appendices and information.

If any of the documents requested contain any commercially sensitive information, or any other information that is permitted to be withheld under the FOI Act, kindly redact such information (and only such information) and release the remainder of the documents. If you do redact any information, please provide a redaction table listing the redactions and the reason for them.

In addition could you provide the full scoring breakdown on the tender submission

Appreciate your help

access to information secure - mailbox,

Dear Mr James,

 

Information Request 3793896

 

I received your request on 8th October 2015 for information which may
be held by Devon County Council regarding Water Hygiene Tender

 

You are entitled under the Freedom of Information Act 2000 to be informed
whether or not the information you have requested is held by Devon County
Council and if so to be given access to that information within 20 working
days (subject to any exemptions).

 

You should expect to receive a response to your request by 5th November
2015.

 

Yours sincerely

 

Jenny Goodall

Information Governance Officer

Devon County Council

Customer Relations and Information Governance Team

Room 120

County Hall

Topsham Road

Exeter   EX2 4QD

Tel: 01392 38 3000 – ask for Jenny Goodall

Disclaimer: http://www.devon.gov.uk/email.shtml

Applicable to private messages: "Devon County Council accepts no legal
responsibility for the contents of this message. The views expressed do
not reflect those of Devon County Council"

 

Please be aware that emails may have to be disclosed under the Freedom of
Information Act 2000 or the Data Protection Act 1998.

 

Please note that Devon County Council now publishes most Freedom of
Information and Environmental Information Regulations request responses on
its publication scheme. Details of previous responses are available at
http://www.devon.gov.uk/disclosurelogs-s.... The council requests that
members of the public make use of its disclosure log search facility
before making a Freedom of Information or Environmental Information
Regulations request, as it is possible that the information sought, may
have been disclosed in response to a prior request.

 

 

 

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1 Attachment

Dear Mr James,

 

I write further to your request for information.  In reply please find
Devon County Council's response attached.

I hope this information is of assistance to you.

Yours sincerely

 

 

Richard Kaye

Information Governance Officer

 

Your right to complain
If for any reason you are not satisfied with how your request has been
handled, please write to Devon County Council’s Freedom of Information
Office, County Hall, Topsham Road, Exeter, EX2 4QD. Details about our
Access to Information complaints procedure can be found at
[1]https://new.devon.gov.uk/accesstoinforma....
If your complaint is not resolved to your complete satisfaction, you have
the right to refer the matter to the Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Re-use of information
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Use for Direct Marketing purposes is
prohibited. Any other re-use, for example commercial publication, would
require the permission of the copyright holder. Most documents supplied by
Devon County Council will have been produced by local officials and will
be our copyright. If you would like to re-use any of the information which
has been supplied to you, please contact us. Information you receive which
is not subject to our copyright continues to be protected by the copyright
of the person, or organisation, from which the information originated. You
must ensure that you gain their permission before reproducing any
information.

 

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Dear access to information secure - mailbox,

May i remind you that as per ICO Guidance on s.43 (commercial interests) tender documents
can be released including:

- Tender price & payment terms
- Winning bidders tender document (including method statements as
not trade secrets, but not including detailed financial info, CV's
and referees)
- Winning bidders evaluation
- losing bidders tender docs - non sensitive only
- Info relating to contract negotiation

In addition im trying to understand the accountability and transparency in the spending of public money. In the light of it being a Water Hygiene tender im concerned about the public safety.

Yours sincerely,

Peter James

customer relations - mailbox, Devon County Council

1 Attachment

Our ref: BSS3940997

 

Dear Mr James,

 

Thank you for your concerns regarding FOI ref 3793896, received on 9
November 2015.  Your concerns have been assessed by a manager within the
Information Governance Team and it has been agreed that these concerns
would be best addressed as a complaint. 

 

The County Council’s complaints procedure is attached – currently your
concerns are being reviewed at Stage 1 and a response will be provided to
you within a maximum of 20 working days, though we aim to respond sooner.

 

If you have reason to contact the authority with further concerns
regarding this complaint, please contact the Customer Relations Team on
Freephone 0808 1683750 or email us at [1][email address]
quoting BSS3940997.

 

 

Yours sincerely

 

Keri Blake-Burke

Customer Relations Officer

Devon County Council

Room 120 County Hall, Topsham Road, Exeter, EX2 4QD

Fax: 01392 382577

Team Email: [2][email address]

Disclaimer: [3]http://www.devon.gov.uk/email.shtml

 

 

 

References

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1. mailto:[email address]
2. mailto:[email address]
3. http://www.devon.gov.uk/email.shtml

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5 Attachments

Dear Mr James

 

Information Request 3793896

Complaint BSS3940997

 

I write further to your email to Devon County Council received on
09/11/2015 regarding the Council’s response to your request for
information (Reference 3793896).  This matter has been passed to me to
deal with in accordance with the Council’s Customer Feedback Policy and
will be responded to as a complaint. 

 

In reviewing your complaint I note that you wish to challenge the
Council’s decision to refuse your request on the grounds that the
information was the subject of the exemption at Section 43(2) of the
Freedom of Information Act 2000.  After reviewing the documentation in
question, I believe that much of this documentation constitutes
environmental information as defined by Regulation 2(1) of the
Environmental Information Regulations 2004.  For this reason, I feel that
the Council should have considered this documentation under both the
Environmental Information Regulations 2004 and the Freedom of Information
Act 2000. On behalf of the Council I apologise that this did not take
place.

 

Having considered all of the documentation which is the subject of your
request, I have consulted with the relevant company to assess the
arguments for and against disclosure in this case.  Following the
conclusion of this exercise, I can confirm that I whilst it was
appropriate to withhold certain information from disclosure, the Council
was wrong to have withheld all the documentation you had requested.

 

Please find attached, the following documents which meet the scope of your
request;

 

•           CORE APPLICATION FORM CP749-11 FINAL - REDACTED

•           EPG Exor Certificate 2010 2011 - REDACTED

•           Eplus Global Accounts August 2011 - REDACTED

•           Eplus Submission Details - REDACTED

•           ISO9001 2008 Cert 2011-12 - REDACTED

 

You will note that certain information has been removed from these
documents and is marked in black.  This is because the Council considers
this information constitutes personal data where disclosure would breach
the first principle of the Data Protection Act 1998.  For this reason this
information is the subject of the exception from disclosure under
Regulation 12(3) of the Environmental Information Regulations 2004. 

 

Information has also been removed from the attached documents and is
marked in blue.  This information relates to the pricing structure of the
company awarded this contract (Eplus).  We consider that release of this
information would enable competitors of Eplus to devise their pricing
structure, which may enable them to undercut Eplus in a competitive market
place.  This is therefore likely to damage the commercial interests of
Eplus by affecting their ability to win future tender opportunities on the
grounds of cost.

 

For the reasons identified above, we feel this information is the subject
of the exception from disclosure at Regulation 12(5)(e) of the
Environmental Information Regulations 2004.

 

Whilst the Council recognises that there is a public interest in openness
and transparency, we feel that there is a greater public interest in
ensuring that companies are able to compete fairly within a competitive
market place.  For this reason we consider that the balance of public
interest is best served through withholding this information from
disclosure at this time.

 

In addition to the documentation mentioned above, the Council has also
received a copy of the 2011 Eplus accounts as part of the tender process. 
Having reviewed this information I can confirm that this information does
not constitute environmental information.  As such the release of this
documentation has been considered under the Freedom of Information Act
2000.

 

After considering this matter further I can confirm that the Council
believe that the accounts of Eplus are exempt from disclosure.  The reason
for this is that company accounts are available to the public through
Companies House.  As such this information is exempt by virtue of the
exemption from disclosure at Section 21 of the Freedom of Information Act
(information available via other means).

 

Further information on how you may request the details of company accounts
is available from
[1]https://www.gov.uk/government/organisati...

 

I note from your original request that you had also requested a copy of
the “scoring breakdown” for this successful tender.  Please note that the
Council does not hold a scoring breakdown for this tender.  The reason for
this is that the tender evaluation was based 100% on price.  As such no
quality scoring of said tender took place.

 

I hope that the information provide is of assistance to you.  If you are
in any way dissatisfied with the information we have supplied, you may
make a complaint via the Council’s Customer Feedback Process. Should you
wish to escalate this matter please email [email address]
or you can write to; Customer Relations Team, County Hall, Room 120,
Topsham Road, Exeter, EX2 4QD.

 

Yours sincerely,

 

 

Martin Lawrence
Senior Information Governance Officer

Freedom of Information, Open Data and Transparency Lead

 

Customer Relations & Information Governance

Room 120

County Hall

Exeter
EX2 4QD
Tel: 01392 383000 – Ask for Martin Lawrence

Email: [2][email address]

 

Please note that Devon County Council now publishes most Freedom of
Information and Environmental Information Regulations request responses on
its publication scheme. Details of previous responses are available at
[3]https://new.devon.gov.uk/accesstoinforma....
The council requests that members of the public make use of its disclosure
log search facility before making a Freedom of Information or
Environmental Information Regulations request, as it is possible that the
information sought, may have been disclosed in response to a prior
request.

Your right to complain
If your complaint is not resolved to your complete satisfaction, you have
the right to refer the matter to the Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Re-use of information
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Use for Direct Marketing purposes is
prohibited. Any other re-use, for example commercial publication, would
require the permission of the copyright holder. Most documents supplied by
Devon County Council will have been produced by local officials and will
be our copyright. If you would like to re-use any of the information which
has been supplied to you, please contact us. Information you receive which
is not subject to our copyright continues to be protected by the copyright
of the person, or organisation, from which the information originated. You
must ensure that you gain their permission before reproducing any
information.

Disclaimer: [4]http://www.devon.gov.uk/email.shtml
Applicable to private messages: "Devon County Council accepts no legal
responsibility for the contents of this message. The views expressed do
not reflect those of Devon County Council"

 

 

 

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. mailto:[email address]
3. https://new.devon.gov.uk/accesstoinforma...
4. http://www.devon.gov.uk/email.shtml