FOI request (FOIR-333675481)
Requested Tue 11 May 2021
Responded Thu 17 June 2021
1. Has confidential waste been procured via tender or framework or another means?
2. If a framework, could you confirm the name of the framework please?
3. Actual contract values of each framework/contract (and any sub lots).
4. Start date and duration of contract.
5. Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?
6. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?
7. Who is the procurement officer responsible for this contract and could you provide their email address and phone number please?
8. Who is the senior officer (outside of procurement) responsible for this contract and could you provide their email address and phone number please?
9. Who is the current supplier?
10. If your current supplier is a Facilities Management/Waste/Cleaning Company, which sub-contractor services your organisation?
Please accept my apologies for the delay in responding.
1. The Shred IT confidential waste agreement for our main sites was procured by an officer who has since left Hastings Borough Council. It was extended in March 2019 for 3 years.
NOTICE OF REFUSAL
The contract values requested is commercially sensitive and falls under Section 43 of the Freedom of Information Act - Commercially Sensitive Information
Information prejudicing commercial interests - commercial interest relating to an organisations commercial activity and may include trading activity procurement and relationships with third parties.
The exemption afforded by Section 43 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.
Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.
We have identified the following public interest factors that may be seen as encouraging the disclosure of information:
a) accountability of public spending
We consider these factors to be of limited relevance in relation to the information in question.
Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:
a) ensuring that companies are able to compete for business fairly
b) damage to reputation and/or financial interests
In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.
For the reasons given above we will not be communicating to you the information you have requested.
4. March 2019 for 36 months.
6. To be reviewed in March 2022.
7. Tom Davies - email: email@example.com
8. Verna Connolly - email: firstname.lastname@example.org
9. Shred It Ltd.
Freedom of Information