FOI Contract Cleaning Services (0397-2022/23)
Request
I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect your Contract Cleaning Services including Police Stations and offices
The details we require are:
Q1. Suppliers who applied for inclusion and were successful & not successful at the PQQ & ITT stages*
Q2. Copy of the successful suppliers ITT submission
Q3. Contract values of each contract year to date
Q4. Start date & duration of contract
Q5. Scope of services provided under current contract
Q6. Is there an extension clause in the contract(s) and, if so, the duration of the extension?
Q7. Has a decision been made yet on whether the contract(s) are being either extended or renewed?
Q8. Who is the senior officer (outside of procurement) responsible for this contract and what are their contact details?
Response
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the located information to you.
Q1. 9 suppliers bid, Churchill, Cordant, Hi-Spec, Kingdom, Mercury, Mitie, Pinnacle, Solo and Tenon. Pinnacle were the successful bidder.
Q2. I have decided exempt providing you with this information pursuant to Section 43(2) of the Freedom of Information Act 2000 – Commercial Interests. Please see exemption explanation below.
Q3. NYP Annual value £587,000.00 per year
Q, 4, 5. The information you have requested is published on the Bluelight Procurement Database website under the following link:
I have therefore decided to exempt providing you with a response pursuant to Section 21 Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.
Q6. No
Q7. Yes
Q8. I am exempting providing you with the name and contact details of the Facilities & Sustainability Officer pursuant to Section 40(2) Freedom of Information Act (the Act). I have, however, provided the contact details for the estates department. Please see exemption explanation below.
Facilities & Sustainability Officer - [email protected]
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 21 – Information Reasonably Accessible by Other Means
Section 21 is an absolute class-based exemption, and I am not required to consider the harm or public interest when applying this exemption.
Section 40(2) – Personal Information
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.
Section 43(2) – Commerical Interests
This is a qualified, class based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
This exemption applies because the disclosure of the requested information would, or would be likely to, prejudice commercial interests.
Public Interest Test
Factors Favouring Disclosure
There is a clear public interest in ensuring that public authorities are receiving a fair price and value for money from the supplier of these services. As it is the public’s money, they have the right to ensure that it is being spent appropriately. This is particularly the case at this time as Police finances are coming under increased scrutiny with budget reductions. It is important that North Yorkshire Police are held accountable for any financial decisions that are made.
Disclosing information about how we spend the public’s money and contracts we use would provide a greater transparency in the financial affairs of North Yorkshire Police. It is clear that there is a public interest in public authorities operating in as transparent a manner as possible, as this should ensure they operate effectively and efficiently.
Factors Favouring Non-Disclosure
Disclosure would be likely to prejudice the commercial interests of the company involved and affect future procurement for the Force as the information is of a commercially sensitive nature.
Disclosure is also likely to damage the relationship between North Yorkshire Police and the suppliers involved. This may in the future reduce the number of companies tendering, and consequently reduce the opportunities to purchase the best services from suppliers.
Companies compete by offering something different from their rivals. The difference will often be reflected in their price and may also relate to the quality or specification of the product or service they offer. Information identifying this unique element in relation to the successful suppliers ITT submission is commercially sensitive. It may also inadvertently reveal information about profit margins and possibly working practices.
Releasing this information could be a competitive advantage for other companies. There are numerous potential suppliers for some of the products and services. A contractor would have a weakened position in a competitive environment; if market sensitive information was released or information of potential usefulness to its competitors was to be likewise released. The Force does not want to encourage companies to compete solely on price to the detriment of the quality of the service offered.
Balance Test
The public interest test is centred on whether this information should be released to the world so that any person can view this information, not just you as the requestor. Therefore, although this information may be interesting to the public, I do not see how its release can benefit the community at large.
The Police Service is tasked with enforcing the law and protecting the community we serve and there is a public interest argument in ensuring we are open and transparent. However, North Yorkshire Police want to maintain the quality of the service provided, rather than encourage a situation where companies are competing solely on price. The high quality of service
provided is evidently in the interest of the wider public. On procurements over £500, value for money is achieved through the use of the governments procurement website & requisitioning process. Having weighed up the argument, I feel the balance lies in withholding this information, as the
public interest in disclosing commercially sensitive information is outweighed by the potential consequences to the relationship with suppliers
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.