FOI request (FOIR-826961344)

Under the Freedom of Information Act, I would like to request the following information regarding paper and cardboard recycling in your borough:

 

• What are the contractual performance KPI's for this contract?

• Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages • Who is the current supplier?

• Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date?

• Are there any processing facilities or MRFs utilised within the contract if so what the names and addresses?

• How is your fibre processed (baled or loose)?

• Where is the end destination of the fibre?

• What is your current collection method (dual stream, single source, kerbside sort or comingled) • What tonnage per year do you produce by fibre grade?

• Start date & duration of framework/contract?

• Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?

• Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?

• Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?

• Who is the senior officer (outside of procurement) responsible for this contract?

• Are there any plans to change the existing service?

• Contractual performance KPIs

Answer: Contractor performance is measured against agreed Key Performance Indicators (KPIs) and is currently meeting performance targets.

• Detailed KPI information is not published as disclosure would be likely to prejudice the council's commercial interests. This information is exempt under Section 43 (Commercial Interests) of the Freedom of Information Act 2000. (Please see refusal notice below).

• Suppliers applying at PQQ and ITT stages

 

Answer: Information relating to suppliers who applied for inclusion on the framework or contract, including those successful and unsuccessful at the PQQ and ITT stages, is not publicly available. Disclosure would prejudice commercial interests and breach confidentiality. This information is exempt under Sections 43 (Commercial Interests) and 41 (Information Provided in Confidence) of the Freedom of Information Act 2000. (Please see refusal notice below).

• Current supplier

 

Answer: The current waste and recycling collection contractor is Biffa Municipal Ltd, operating under the East Sussex Joint Waste Partnership.

• Actual spend

 

Actual spend on the contract to date is not published. Disclosure of detailed financial information would be likely to prejudice the council's commercial interests. This information is exempt under Section 43 (Commercial Interests) of the Freedom of Information Act 2000. (Please see refusal notice below).

• Processing facilities / MRFs

 

Answer: Hastings Borough Council is the waste collection authority and does not hold detailed information on recycling processing facilities or Materials Recycling Facility (MRF) locations. Disposal and processing arrangements sit with the waste disposal authority and the contractor.

 

• Fibre processing method

 

Answer: Hastings Borough Council does not hold detailed information on fibre processing methods (for example, baled or loose). Processing arrangements are managed by the contractor and the waste disposal authority. End destination of fibre Information on the end destination of recycled material is not held by Hastings Borough Council. Collection method Dry recycling, including paper and cardboard, is collected using a comingled collection method under the joint partnership arrangements.

• Tonnage by fibre grade

 

Answer: Hastings Borough Council does not separately hold tonnage data broken down by individual fibre grade in a reportable format.

• Contract start date and duration

 

 

Answer: The joint waste and recycling collection contract commenced in 2019 and includes provision for extension. The contract has been extended in line with joint partnership approvals and currently runs until June 2033.

 

 

• Service/product specification

 

 

Answer: The service specification was issued to bidders as part of the procurement process via the council's tendering portal. It is not publicly available. Disclosure would be likely to prejudice the council's commercial interests. This information is exempt under Section 43 (Commercial Interests) of the Freedom of Information Act 2000. (Please see refusal notice below).

 

• Extension clause

 

Answer: Yes. The contract included an extension clause, which has been exercised following joint partnership approval, extending the contract to June 2033.

 

• Extension or renewal decision

 

Answer: Yes. A decision has been made to extend the contract following approval through the Joint Waste Partnership governance arrangements.

 

 

• Senior officer responsible

 

 

Answer: The contract is overseen through the Joint Waste Partnership. The senior responsible officer role sits with the Head of Environment and Operations / Waste Services within the partnership authorities.

 

• Plans to change the service

 

 

Answer: The councils are implementing service changes required under the Government's Simpler Recycling reforms, including the introduction of weekly food waste collections.

No other material changes to the paper and cardboard collection method are currently confirmed.

 

 

NOTICE OF REFUSAL

 

Parts of the information you have 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.