/ Ref No / 451905
Your Ref
Dear Mr/Ms Townsley,
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 – REVIEW OUTCOME.
SUBJECT: Contract 87-93 London Road/2-12 Marionville Road
Please accept my sincere apologies for the delay in responding to your request for information. This is due to the high volume and complexity of requests which are currently being received and processed by the Property Conservation Service. The volume of requests continues to rise and the service is systematically working through the backlog of requests as quickly as possible.
I have dealt with your request in accordance with the Environmental Information (Scotland) Regulations 2004 and attach the information requested.
Please note that third party personal information has been redacted from the information provided. I consider that disclosing such information would breach the first data protection principle, that of fair processing, as it would not be fair, or expected, for information which could identify these individuals to be released into the public domain.
Under Regulation 11(1) (2) of the EIRS, personal data can be redacted if its release would breach any of the principles detailed in the Data Protection Act 1998. Furthermore, I consider that the public interest in disclosing any personal information is outweighed by ensuring that the first data protection principle is not breached. Please note that this constitutes a formal refusal notice under regulation 10(3) of the EIRS concerning any personal information which we have not disclosed.
Some financial information has also been redacted on the grounds that it is ‘commercially sensitive’. A request for information can be refused where one or more exceptions listed in the legislation apply. In this instance, the Council is applying the exception Regulation 10 (5) (e) (Confidentiality of commercial or industrial information) to the information requested. Whilst there may be public interest in knowing the details of the tenders there is a greater public interest in the Council being able to conclude the best deal for the interests of the citizens of Edinburgh.
1. A copy of the contract under which the works were awarded to theContractor.
Contractor, Action Building Contracts Ltd.
The project was let under our Major Works arrangements.
There is no detailed report contained within the Project file. The only contract documentation held on file is the priced schedule of works enclosed (see Item 2). Therefore we are unable to provide you with the information requested as it is not held by the Council. Please note that this constitutes a formal refusal notice under regulation 10(4) (a) of the EIRs.
Same information for the Consultant Administrator.
Consultants, Gleeds Building Surveying Ltd. Please see attached a copy of contract and letter.
2. A copy of the successful Contractors descriptive items andquantities used in collating the tender report.
Please see attached descriptive items and quantities from Contractor, Action Building Contracts Ltd.
3. A copy of the second and third placed Contractors (as shown on the tender report)submitted descriptive items and quantities used in their submission for the tender report.
Please see attached copy of the Tender List Selection.
Contractor, Watson and Lyall Ltd (second), Contractor, A Thorburn Ltd (third).
Information produced from electronic records held.
4.A copy of the descriptive items and quantities used in thecollating of the final account of Action Building Contracts Ltd.
Please see attached a copy of the Final Account.
If you are unhappy with this review outcome, or the way we handled your request and review, you have a right of appeal to the Scottish Information Commissioner. You must submit your complaint to the Commissioner within 6 months of receiving this review response. The Commissioner can be contacted at:
The Office of the Scottish Information Commissioner
KinburnCastle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website
E-mail:
Yours sincerely,
Susan Joyce
FOI Review Officer
For Head of Legal, Risk and Compliance