14th July 2010
For the attention of Nicola Coupland
SENT BY EMAIL ONLY:
Dear Nicola Coupland,
Freedom of Information Act request- Case 263 Procurement of Contractors and Construction Consultancy Services
Thank you for your request under the Freedom of Information Act 2000 dated and received on 17 June 2010, requesting the following:
“ 1. How you procure Construction Consultancy Services
2. How you procure Construction Contractors
3. If by your own framework, please tell me:
a. The titles and content of the relevant frameworks
b. Who is on the current frameworks
c. The start and end dates of the frameworks
d. Any possible extension periods to the frameworks
e. The name and contact email of person responsible for the frameworks.”
In response to questions 1 and 2 above, Tate procures Construction Consultancy Services and Construction Contractors in accordance with all applicable European Union and United Kingdom regulations. In particular where the estimated value of the prospective contract is greater than the EU procurement thresholds, which is the case for most of Tate’s construction requirements, Tate complies with the procurement procedures set out in Part 3 of the Public Contracts Regulations 2006. These Regulations apply to Tate by virtue of Regulation 3(1)(y) and Schedule 1, the latter specifically listing Tate Gallery as a contracting authority. The procurement procedures include the publication of a notice in the Official Journal of the European Union and the following of a tender process as detailed in the Regulations. Full details of the matters referred to above, including the text of the 2006 Regulations, the European Union thresholds and other relevant regulatory material, are published on the Office of Government Commerce (“OGC”) website at Please follow the links for Procurement and then Policy and standards framework.
In addition some small construction works may be procured by Tate’s third party facilities manager which is required to seek competitive quotations. In the case of requirements for some Construction Consultancy Services Tate has also made use of an OGC framework which the OGC confirm is pre-tendered and fully EU compliant. Details of the OGC framework system are published on Please follow the link for frameworks and agreements.
With regard to question 3, Tate procures Construction Consultancy Services and Construction Contractors in the ways described above and not by its own framework.
If you are not satisfied with this response to your request for information, you may seek an internal review of this response by replying in writing to this letter. Tate will respond to your request for a review within 20 working days of receipt of your request.
If you remain dissatisfied with Tate’s response following an internal review, you may seek an independent adjudication on the matter from the Information Commissioner, who can be contacted at:
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Or you may telephone on 01625 545745.
Yours sincerely,
Signed: Richard Aydon
Head of Legal, Tate on behalf of Tate’s Freedom of Information Group