Response regarding appeal to ICO Exceptions/Exemptions applied Where we have taken the decision to either redact or withhold information, we consider that the following exceptions / exemptions apply: o Regulation 12(5)(e) of the EIRs and Sections 43(1) and 43(2) of the FoIA applies to the Redacted Information on account of the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest; and o Regulation 12 (3) and Regulation 13 of the EIRs and Section 40 of the FoIA* - the information is the personal data of a person other than the applicant o Regulation 6(1)(b) of the EIRS and Section 21 of the FoIA.

In so far as the information is environmental the Council has considered release under the Environmental Information Regulations. Where these regulations do not apply the Council has considered release under Freedom of Information, for example the contractors hourly rates. The Council has considered the relevant guidance from the Information Commissioner’s Office, the current stage the project is in and the factors in favour of and against disclosure which may be relevant to the information requested. In order to come within the terms of the exception/exemption it must be shown that: (1) The information in question is “commercial or industrial” The Council is satisfied that the redacted information within the contract and schedules relates to a commercial activity, either of the Council or the contractor in relation to the Gloucestershire residual waste project, the electricity project and other commercial activities, which are carried out by the Council and/or the contractor.

1 10 July 2015

The Council has invested substantial time and money in these projects which are designed to provide an ongoing viable economic infrastructure to benefit those in the local area dependent upon the Council to provide such services as well as other suppliers and service providers. The redacted information contains information relating to the commercial positions agreed between the Council and the contractor. Some of the redacted information is financial and reflects the costs and uniquely negotiated positions that are bespoke to the Gloucestershire residual waste project. Some of the redacted information contains data relating to electricity revenue which is a commercial position agreed between the Council and the contractor. Such information is likely to form the commercial strategy for the Council in future projects and therefore relates to its commercial positions/strategy/assumptions. Some of the performance indicators and time periods have been removed. These are only in circumstances where they could be influenced by factors beyond the control of the contractor. Due to the sensitivity of the situation, knowing this information activists/ campaigners could cause disruption beyond these limits, causing financial damage to UBB for factors outside of their control. There is evidence to show that campaigners would go to significant lengths to disrupt the proposals and running of the waste plant. Therefore, this represents a real risk on the ability of the contractor to meet the contract requirements, which in turn would have a negative impact the financial implications (2) The information is subject to confidentiality provided by law In order to be subject to confidentiality provided by law the information must (a) have the necessary quality of confidence and (b) be imparted in circumstances importing an obligation of confidence. Following the Information Commissioner’s guidance we have considered the following in order to ascertain whether this information is confidential: 

Does the information have the necessary quality of confidence?

There is an inherent duty of confidentiality when information is submitted to councils in procurement exercises. The Public Contracts Regulations 2006 and their precursor required that where a contractor obtains information as part of a procurement 2 10 July 2015

process the council should accede to reasonable requests from the contractor that information passed to the council as part of the procurement process is treated as confidential. In order to ascertain whether the information has the necessary quality of confidence we note the Information Commissioner’s requirement to consider a number of questions in order to ascertain if the information has the necessary quality of confidence. These include whether: • the information is trivial, and whether • the information is available from other sources i)

Is the information trivial?

The Council considers that the redacted information is not trivial, as it relates to the financial or business affairs of the Council and the contractor. There is sensitive information which relates to agreed commercial positions and financial information relating to the Council and the contractor which if released would impact and compromise the Council and/or the contractor’s commercial positions and its release would cause commercial harm. It includes information which could potentially be used by the contractors’ competitors to their own advantage. Elements within the information would disclose a package of information brought together using the skills and experience of the contractor over time, which would be advantageous to other businesses in the area of waste management. ii)

Is the information already available by other means/has it passed into the public domain?

A copy of the redacted contract and schedules is already in the public domain and can be accessed using the following web links. The Council has taken on board the requirements of the Transparency Code and this published information meets the requirements for the details that need to be published: http://glostext.gloucestershire.gov.uk/documents/s14968/Agenda%20item%2012%20Cabinet%20Report%20Waste.pdf Contract - http://www.programmeofficers.co.uk/posl/documents/Gloucester/CD12/CD12.1.pdf

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Contract information that has been redacted is confidential because the details have never previously been disclosed publicly and knowledge of them and access to them is carefully controlled on a need to know basis. The information encompasses aspects that are unique to the Gloucestershire residual waste project and to the contractor and as such are not available by other means and have not been passed into the public domain. 

Was the information shared (or provided to employees) in circumstances creating an obligation of confidence?

The information was shared as part of the procurement process and has been incorporated into the Residual Waste Project Contract, which itself contains obligations of confidentiality. The unredacted version of the document is stored securely in the Council’s information systems and is only available to particular officers. All employees within the Council (including those authorised employees that have access to the document) signed a confidentiality agreement on employment. The officers that have access to the document have been trained on good governance and confidentiality and understand that such document should not be publicly disclosed. 

Contractual obligations of confidence

There is a provision in the Residual Waste Project Contract itself that certain information is confidential, thus it would be a breach of contract on the part of the Council to disclose information that commercially sensitive information. Sensitive financial, design, business and unique methodology information provided to the Council by third parties has been done on a confidential basis. This is brought to the attention of the Council by third parties when providing the Council with such information. Unauthorised disclosure of the information would be likely to result in legal action being taken against the Council. (3) Such confidentiality is provided to protect “a legitimate economic interest”; The redacted information contains sensitive information regarding the agreed commercial positions and financial information relating to the Council and the contractor. Disclosure of these specific details would be likely to adversely affect the legitimate economic interests of the Council and the contractor. The contract also contains information provided by the contractor as to when and how it intends to carry out the contract and provide waste management services. Some of this information is proprietary in nature and provides a detailed overview of the way the contractor approaches such contracts. The contractor states that disclosure would provide information on its methods of 4 10 July 2015

business which may be of advantage to its direct competitors, thereby negating its ability to develop a commercial advantage when tendering for other contracts. The Council accepts that the legitimate economic interests of the contractor would be adversely affected by the disclosure of this information. Disclosing the information is likely to delay or otherwise adversely affect the progress of the waste project, the facility once it is operational and electricity project. Such delays would cause harm to the financial interests of those dependent on it. The Council’s interests (including its bargaining position in negotiations with contractors and other interested parties) would also be adversely affected by the disclosure of the information. The Council is able to consider its own economic interests in addition to those of the contractor. Disclosure of the redacted information would be of advantage to other businesses competing against the contractor or for Council projects in any future procurement, thereby negating the Council or the contractor’s ability to develop a commercial advantage as purchaser/supplier when procuring/bidding for other contracts and providing competitors with access to commercially valuable information which they would not have had otherwise. Disclosure of the redacted information would therefore impact on the Council and the contractor’s revenue and income, ability to succeed in future negotiations and projects, gain value for money and would cause significant damage to the projects at issue. Detailed technical and methodological information on the equipment and systems used by the contractor is commercially sensitive, which could be studied and adopted by competitors of the suppliers of the equipment. We also consider that some information is a trade secret for UBB, as it details their source of a trading advantage and gives UBB gives a competitive edge over its rivals. Many elements of the technical information include details on commercially sensitive systems and processes developed by third parties. Disclosure of the redacted information would therefore cause substantial commercial harm for the reasons set out above. (4) The disclosure of the information would adversely affect such confidentiality. Although this is a necessary element of the exception and exemption, the Information Commissioner’s Office considers that once the first three elements are established it is inevitable that this limb will be satisfied. The Council considers that for the reasons set out above disclosure of the information would adversely affect such confidentiality.

5 10 July 2015

The public interest test I have applied the public interest to the redacted information under Regulation 12(5)(e) and Section 43(2) below. I would like to again emphasise that this test requires consideration of the interests of the public at large, not public curiosity or individual private or private group interests. Moreover, although no consideration is given to the identity of the applicant or their reasons for requesting the information, we do take into account the impact of any disclosure. In particular, the matters which I have considered in applying the public interest test were as follows: For disclosure:     

Promoting public debate and furthering understanding of the issues; Allowing individuals to understand decisions; Promoting accountability and transparency in terms of decision making and spending; Impact of making information public; and Information affecting public health and safety.

Increased public access to environmental information and the dissemination of such information contributes to a greater awareness of environmental matters, a free exchange of views, more effective participation by the public in environmental decision-making and, eventually, to a better environment. Waste management is a core function of local authorities, and has the capacity to affect all of the community. It can affect the community in a number of ways in addition to the general effects of ensuring household and commercial waste is dealt with appropriately. This can include environmental concerns. As such the Council has taken into account the fact that there will be a great deal of public interest in the disclosure of information which throws light on whether the Council has ensured that adequate safeguards to protect the environment have been established as part of the proposed solution. Local communities should be given the opportunity to participate fully in the process of drawing up plans and to be consulted on proposals for development. Consultation on issues and priorities for disposing of residual waste in Gloucestershire has taken place. 6 10 July 2015

Against Release     

Disclosing the redacted information would affect the commercial and/or economic interests of the Council and the contractor; The likelihood of commercial damage being caused to the Council and the contractor through a disclosure of information it considers confidential; The possibility that in disclosing this information the level of service to the community may be impaired; The possibility that the cost for obtaining services may increase through decreased competition for contracts thereby creating detriment to the best interest of the community; and A significant amount of information about the waste project is already publicly available, via the below links: http://www.gloucestershire.gov.uk/article/110783/Cabinet-gives-go-ahead-to-awarding-of-waste-contract http://www.recycleforgloucestershire.com/article/113051/Recover http://www.ubbgloucestershire.co.uk/

Any information which might negatively impact on the Council achieving the best commercial position possible, may result in more public money being spent on such services than might otherwise be the case by creating an understanding of the commercial and/or financial terms the Council would find acceptable in relation to this project and/or similar projects. It could also suggest assumptions and limitations which may negatively impact the ability of the Council to conclude beneficial and acceptable terms critical to the success of the project. The establishment of such an understanding is likely, once in place, to be difficult to change. As explained above, confidentiality is required in order to protect the agreed commercial positions and financial information relating to the Council and the contractor which if released would adversely affect the legitimate economic interests of both the Council and/or the contractor’s commercial positions and its release would cause commercial harm. It is argued that by releasing such information it would impact on the contractor’s ability to partake in future tenders and impact on their competitive edge over rival providers. This in turn would compromise the contractor’s commercial position and its release would cause commercial harm. Significantly, this would also impact the Council’s ability to negotiate a competitive and value for money contract for other projects.

7 10 July 2015

There is a strong public interest in confidences being maintained. Information is supplied to the Council on the understanding that it is kept confidential; there is no requirement on the provider(s) to share this information with us. It is in the public interest that the Council is able to obtain as much relevant information as possible, in order to make informed decisions. There is a significant likelihood of commercial damage being caused to the Council and the contractor through a disclosure of information it considers confidential. There is a possibility that the cost for obtaining services may increase through decreased competition for contracts, thereby creating detriment to the best interests of the community. Accordingly, the significant risk of disclosing the requested details at this time would have a significant and material negative impact on the project and the Council’s operation, resources and costs which cannot be justified in the circumstances, is disproportionate to the legitimate public interest in any details and not in the wider public interest. It is not in the public interest to release information into the public domain that would be likely to cause a business to be put in a position where they are in breach of contract through no fault of their own, for example through protestor action or measures to ensure denial of satisfactory service. Conclusion Despite these factors, the Council considers that there is a high probability of prejudice from disclosure of the confidential commercial information because disclosure is considered disclosure to the public at large and at this current time would impede future discussions and negotiations (still critical to the progression and success of the waste and electricity project) and the viability of these projects. Accordingly, I consider that the public interest in maintaining the exception and exemption outweighs the public interest in disclosing this specific information at present. In coming to that conclusion, the public interest in making the information available against any prejudice to the public interest that might arise from providing the information has been carefully weighed.

8 10 July 2015

Table 1 below lists all the documents disclosed in response to your request and whether we are able to release the whole of each document. Further detail regarding information that is withheld or redacted is summarised in Appendix 1.

Table 1: List of documents comprising the EIR request Document

Document Description Project Agreement/contract

Supplied

Redacted X

Details of redacted information Access Road Disruption – number of days Tonnage Percentages Financial data

Exemption and harm in releasing the specific information These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and distances would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council

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accepts that where the contractor has full control over the requirements that such dates and information can be released. Schedule 1

Definitions

X

Definitions (this information has also been redacted where it appears elsewhere in the documents)  Acceptance longstop dates – number of months  Access Road Disruption number of days  Financial details of the Appeal Contingency  Authority default data  Base case unique financial model  Base case tonnage amounts and calculations  Risk weighting  Figures of tonnes and percentages  Share line  Persistent breach time period  Planned service commencements, readiness and work dates  Planning permission longstop dates  Site security costs  Prescribed rates  Projected IRR  Relief event  Supplementary contract waste

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released.

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 Threshold equity IRR Page 85 - Requirements for clause not yet met – check what this refers to Schedule 2

Output Specification

X

 2.1.4 KPIs  2.2.15 negotiations with UBB’s sub contractors  3.3, 7.6 and 9.5 turnaround times  6.3.3 and 6.3.4, 9.4 and 9.6 time and distance data Appendix 3  3.7 time periods  3.13 Recovery energy efficiency status  Tables 3.1, 3.2 and 3.3 payment mechanisms and references to the information listed above.

Release of planned dates would enable competitors to understand the unique programme of delivery and use this to their advantage and at the expense of the contractors. These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and distances would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released.

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Schedule 3

Service Delivery Plans

Under review

Schedule 4

Payment Mechanism

Schedule 5

Ancillary Documents and Finance Agreements

X

Letter from UBBs insurers

Schedule 6

Contractor Warranted Data

X

Released in full

Schedule 7

Site Information

Schedule 8

Key Dates

X

Detailed Prices and other relevant information set out in Appendices

This information is reasonably accessible from the Land Registry. https://land-registry-online.com/

X

Longstop, works period and planned dates

This details the insurance arrangements and pricing thereof the contractor their agreement with rd a 3 party. Please note we do not hold copies of the ancillary finance documents.

Regulation 6(1) and Section 21 We are not required to provide information in a particular form or format if the information is already publically available and easily accessible to the applicant in another form or format. Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in

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breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released. Schedule 9

Review Procedure

X

4.4 Reviewable design data

Regulation 12(5)(e) of the EIRs and Sections 43(1) and 43(2) of the FoIA UBB’s designs that are unique to them and thus a trade secret. Should a competitor have access to this information it would damage UBB’s competitive edge. Information revealing the working practices that show how the contractor is able to offer their services within the contract prices and at the quality required are clearly commercially sensitive and release would be likely to impact on their trading position.

Schedule 10

Required Insurances

X

1.4 Maximum deductible amounts 2.4 Excess period (number of days) 3, 4, 5 and 6. UBB’s indemnity liability, maximum deductible and delay costs Part 2 – 3 and 4. Indemnity liability, maximum deductible and delay costs Part 5 – base cost, weighting

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business.

13 10 July 2015

Release of information about some specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released. Schedule 11

Tests

X

Released in full

Schedule 12

Independent Certifier Deed of Appointment

Schedule 13

Not Used

Schedule 14

Gloucestershire Waste Law List

Schedule 15

Best Value and Continuous Improvement

X

To be released in full

Schedule 16

Refinancing

X

3. Share of gain

X

4.1 Fee Schedule 2 Fees and Rates

Information disclosing price is clearly commercially sensitive and release would be likely to impact on their trading position.

No information withheld, this schedule was not used in the contract X

Released in full

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above.

14 10 July 2015

Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business.

Schedule 17

Compensation on Termination

X

Base case details Sub contractor breakage costs Part 2, 1.7 break point amounts Part 3, 2.10 Unique to contract Part 5, 1.7 debt termination amounts

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and

15 10 July 2015

commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released. Schedule 18

Liaison Procedure

Schedule 19

Revision of Base Case and Custody

X

Released in full X

Third party income calculations. Financial model protocol for adjustments to the base case

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business.

Schedule 20

Employment and Pensions

Schedule 21

Change Protocol

X

Released in full X

Agreed abatement financial figures High value changes – financial figures Low value change - financial figures 9.1 Payment - Financial figures Part 2 – low value changes -

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the

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Financial figures Part 4 – High value changes Financial figures Appendix 1 to Schedule 21 Staff hourly rates Appendix 2 to Schedule 21 Contractor management costs Appendix 3 to Schedule 21 Project management fees Appendix 5 to Schedule 21 Funder Due Diligence Caps

Schedule 22

Dispute Resolution Procedure

X

To be released in full

Schedule 23

Commercially Sensitive Information

X

To be released in full

Schedule 24

Direct Agreement

X

To be released in full

Schedule 25

Form of Collateral Warranty

X

To be released in full

Schedule 26

Planning

X

Architectural enhancements financial figure Offsite expenditure financial figure Satisfactory planning permission Conditions that could render the contract unsuccessful 2.1.10.1 Reimbursement costs 2.1.10.2 Reimbursement costs 2.6 Appeal contingency – financial figures

contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business.

Please note this is a proforma and no data has been redacted.

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to

17 10 July 2015

3.3A.1.1 and 3.3A.1.2 Base Senior Debt Termination amounts 3.4.2.1 and 3.4.2.2 financial figures 3.9.2 Architectural enhancements financial figures 3.9.6 Architectural enhancement costs Annex 1 Planning and /or Permit Delay Costs - % of capital costs

offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released.

Schedule 27

Approach to Permit Risk

X

Maximum tonnage Satisfactory permit – a(vii) Appeal contingency costs

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from

18 10 July 2015

participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about the tonnage, specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released. Schedule 28

Relevant Discharge Terms

Schedule 29

Basic Design Proposal

X

Released in full X

Sub contractors Unique designs

Regulation 12(5)(e) of the EIRs and Sections 43(1) and 43(2) of the FoIA Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

UBB’s designs that are unique to them and thus a trade secret. Should a competitor have access to this information it would damage UBB’s competitive edge. Information is proprietary in nature and provides a detailed overview of the way the contractor approaches such contracts. The contractor states that disclosure could provide information on its methods of business which may be of advantage to its direct competitors, thereby negating its ability to

19 10 July 2015

develop a commercial advantage when tendering for other contracts. The Council believes that the legitimate economic interests of the contractor could be adversely affected by the disclosure of this information. Released in full

Schedule 30

Outline Substitute Waste Plan

X

Schedule 31

Waste Acceptance Protocol

X

Released in full

Schedule 32

WCA Composition Protection

X

Dates of sampling 10. Material departure Firing diagrams and agreed ranges. Performance of equipment. Commodity change.

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Negotiated positions that could be adversely affected. Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about some specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control

20 10 July 2015

over the requirements that such dates and information can be released. Information is proprietary in nature and provides a detailed overview of the way the contractor approaches sampling. The contractor states that disclosure could provide information on its methods of business which may be of advantage to its direct competitors, thereby negating its ability to develop a commercial advantage when tendering for other contracts. The Council believes that the legitimate economic interests of the contractor could be adversely affected by the disclosure of this information. The firing diagram and agreed ranges are the core of UBB’s design and unique to them and thus a trade secret. Should a competitor have access to this information it would damage UBB’s competitive edge. Schedule 33

Power Offtake Arrangements

Redacted

Regulation 12(5)(e) of the EIRs and Section 43(2) of the FoIA This schedule sets out the Council’s commercial strategy on future sales of electricity generated by the energy from waste facility. A premature release would be likely to have a negative impact on the Council’s future plans and lead to the Council not achieving the best financial position possible. This is clearly a commercial activity and thus release would impact on the Council’s commercial position. Once the relevant strategy is operational the commercial sensitivity may reduce. Disclosing the predicted finances for this work would be likely to encourage suppliers to adjust their prices accordingly and effect the bargaining position of the Council.

Annex 4

Resource

Financial and percentage data

Regulation 12(5)(e) of the EIRs and Section

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Implications

Council strategy

43(2) of the FoIA These details are commercial negotiated positions, bespoke to the Gloucestershire residual waste project and release would be likely to cause commercial harm to both the council and the contractor in future procurements as set out above. Information disclosing how the company is able to offer the facility and service at that price is clearly commercially sensitive and release would be likely to impact on their trading position.

Companies would be likely to be discouraged from participating Council’s schemes if they felt it could result in the disclosure of information relating to their general business. Release of information about the tonnage, specific dates and cut off periods would also impact on the contractors commercial interests. Due to the nature of interest in this procurement the Council considers that release would lead to circumstances being known where the contractor could be put in breach of the contract through no fault of their own. This would be likely to damage their reputation, financial and commercial interests as they would have breached the terms of the contract and be subject to penalties, thus impacting on their trading position. The Council accepts that where the contractor has full control over the requirements that such dates and information can be released. This details out the Council’s commercial strategy on future sales of electricity generated by the energy from waste facility. A premature release would be likely to have a negative impact on the Council’s future plans and lead to the Council not achieving the best financial position possible. This is clearly a

22 10 July 2015

commercial activity and thus release would impact on the Council’s commercial position. Once the relevant strategy is operational the commercial sensitivity may reduce. Disclosing the predicted finances for this work would be likely to encourage suppliers to adjust their prices accordingly and effect the bargaining position of the Council.

23 10 July 2015

15FOI10034 Exemptions Explanation.pdf

... this published information meets the requirements. for the details that need to be published: http://glostext.gloucestershire.gov.uk/documents/s14968/Agenda%20item%2012%20Cabinet%20Report%20Waste.pdf. Contract - http://www.programmeofficers.co.uk/posl/documents/Gloucester/CD12/CD12.1.pdf. Page 3 of 23 ...

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