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FI16069

Request

I am requesting details of the council’s cleaning contracts to understand how public funds are being allocated and managed in relation to facilities maintenance. This includes gaining insight into the procurement process, contract values, service standards, and contractor performance. I am therefore writing to request information under the Freedom of Information Act regarding contracts awarded by your organisation.

Please provide detailed responses to the following questions for all current/live contracts related to cleaning of the following categories:

90910000 - Cleaning services.
90911200 - Building-cleaning services.
90911300 - Window-cleaning services.
90919200 - Office cleaning services.

Questions include:

1. What is the total value of the contract awarded to the successful bidder?

2. What is the duration of the contract, including start and end dates?

3. If the contract is subject to an extension please specify whether the option to apply the extension has been taken.

4. Please confirm when contract will be next put to competitor tender

5. What are the specific services or products provided under this contract?

6. What were the criteria used to select the contractor?

7. How many bids were received for this contract?

8. Can you provide a copy of the winning bid proposal?

9. What are the key performance indicators (KPIs) and service level agreements (SLAs) specified in the contract?

10. Are there any penalties or incentives included in the contract for performance?

11. What is the payment schedule for the contract?

12. Were there any amendments or modifications made to the original contract? If so, what were they?

13. What is the process for monitoring and evaluating the contractor's performance?

14. Can you provide details of any subcontractors involved in fulfilling this contract?

15. What are the terms and conditions regarding contract termination?

16. Were there any conflicts of interest declared during the procurement process?

17. What measures are in place to ensure compliance with relevant laws and regulations?

18. Can you provide a breakdown of the costs associated with this contract?

19. What are the expected outcomes or deliverables of the contract?

20. How does this contract align with the public sector body's strategic objectives?

21. Were there any disputes or issues raised during the contract period? If so, how were they resolved?

22. Can you provide details of any audits or reviews conducted on this contract?

Response

The Kent Business Portal can be found online at https://www.kentbusinessportal.org.uk/.

In respect of question 8, this information is exempt from disclosure under Section 43(2) because the information being requested is:

commercial in nature,
is protected by law through the common law of confidence (as they are not trivial and have not been released into the public domain) as well as through the contractual obligations of confidence.
The confidentiality is protecting a legitimate economic interest.
The confidentiality would be adversely affected by disclosure.

This exception is subject to the Public Interest Test. This is where public authorities have to consider the balance of the public interest in relation to a request and the subsequent release of information.

The Public Interest Test in favour of disclosure

A public authority should apply a presumption in favour of disclosure when considering a request for information.
The central public interest in disclosure of this information lies in creating transparency and accountability in the spending of public money and in the financial decisions the Council has made.

The Public Interest Test against disclosure

Release of the information would adversely affect the legitimate economic interests of the Contractors by revealing market sensitive information or information that is of potential value to competitors, eg through indicating a way in which these contracts have been priced or a commercial position that the Contractors have taken that is unique to the particular contract. This would cause harm to the commercial position of the Contractors in bidding for other contracts.
It is in the strong public interest of the Dover District taxpayers that the Contractors remain commercially viable businesses, so they are in a position to provide the contracted services over the period of the contracts.
There is a strong public interest in commercial confidences being maintained. The likelihood of commercial damage being caused to the contractors through disclosure of information they consider commercially sensitive would adversely affect the relationship between the individual Contractors and the Council.

Summary and conclusion

There is significant public interest for the public in having the right to know the terms and conditions under which the Council as a public authority have awarded contracts. However, there is a strong need to protect the legitimate economic interests of the contractors while they are bidding for other similar contracts. Release of the information would harm the Contractors' competitive position in other procurements and in the market generally. This is not in the interests of the Council, Contractors, or the public. On balance it is concluded that the information should not be released.

In respect of 90911300 - Window-cleaning services – due to the low value and in line with our Contract Standing Orders there is not a formal contract in place therefore Purchase Orders are raised on a monthly or annual basis for this service by the relevant Service Areas.

Attachments

Attachment 1

Attachment 2

Attachment 3

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	90910000 - Cleaning services	90911200 - Building-cleaning services	90919200 - Office cleaning services
1. What is the total value of the contract awarded to the successful bidder?	See Kent Business Portal	See Kent Business Portal	See Kent Business Portal
2. What is the duration of the contract, including start and end dates?	See Kent Business Portal	See Kent Business Portal	See Kent Business Portal
3. If the contract is subject to an extension, please specify whether the option to apply the extension has been taken.	See Kent Business Portal	See Kent Business Portal	See Kent Business Portal
4. Please confirm when contract will be next put to competitor tender	This is usually approx. 3-9 months prior to the contract end date, depending on the value and therefore procurement process	This is usually approx. 3-9 months prior to the contract end date, depending on the value and therefore procurement process	This is usually approx. 3-9 months prior to the contract end date, depending on the value and therefore procurement process
5. What are the specific services or products provided under this contract? - Please see attached Specifications for each Contract	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
6. What were the criteria used to select the contractor?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
7. How many bids were received for this contract?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
8. Can you provide a copy of the winning bid proposal?	This information is considered exempt from disclosure under Section 43(2) of the Freedom of Information Act	This information is considered exempt from disclosure under Section 43(2) of the Freedom of Information Act	This information is considered exempt from disclosure under Section 43(2) of the Freedom of Information Act
9. What are the key performance indicators (KPIs) and service level agreements (SLAs) specified in the contract?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
10. Are there any penalties or incentives included in the contract for performance?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
11. What is the payment schedule for the contract?	Payment terms are 30 days from receipt of Invoice for undisputed Invoices	Payment terms are 30 days from receipt of Invoice for undisputed Invoices	Payment terms are 30 days from receipt of Invoice for undisputed Invoices
12. Were there any amendments or modifications made to the original contract? If so, what were they?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
13. What is the process for monitoring and evaluating the contractor's performance?	As per the Specification for each contract	As per the Specification for each contract	As per the Specification for each contract
14. Can you provide details of any subcontractors involved in fulfilling this contract?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
15. What are the terms and conditions regarding contract termination?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
16. Were there any conflicts of interest declared during the procurement process?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services
17. What measures are in place to ensure compliance with relevant laws and regulations?	This question is vague and not specific. Regular contract monitoring meetings are held to ensure compliance with all requirements of the contract.	This question is vague and not specific. Regular contract monitoring meetings are held to ensure compliance with all requirements of the contract.	This question is vague and not specific. Regular contract monitoring meetings are held to ensure compliance with all requirements of the contract.
18. Can you provide a breakdown of the costs associated with this contract?	We are unable to provide a breakdown however please refer to the Kent Business Portal for the contract value.	We are unable to provide a breakdown however please refer to the Kent Business Portal for the contract value.	We are unable to provide a breakdown however please refer to the Kent Business Portal for the contract value.
19. What are the expected outcomes or deliverables of the contract?	This is in the specification.	This is in the specification.	This is in the specification.
20. How does this contract align with the public sector body's strategic objectives?	The Council does not hold this information.	The Council does not hold this information.	The Council does not hold this information.
21. Were there any disputes or issues raised during the contract period? If so, how were they resolved?	No, not applicable.	No, not applicable.	No, not applicable.
22. Can you provide details of any audits or reviews conducted on this contract?	This is in the attached document named 90910000 - Cleaning services	This is in the attached document named 90911200 - Building-cleaning services	This is in the attached document named 90919200 - Office cleaning services