Freedom of Information Request FOI Request 1-305720918

My ref / IL0 - UNCLASSIFIED
Your Ref: / 1-305720918
Please ask for:
Telephone No: / 0845 358 2200
Email: /
Date: / 10th April 2013

Dear Avtar Singh Nagra,

Freedom of Information Request –FOI Request 1-305720918

Thank you for your Freedom of Information request dated 20th March 2013 which asked for:

A named list of the contractors who hold a framework agreement todeliver level access showers.

The order of preference used by the council to allocate levelaccess jobs.

The number of level access shower jobs allocated each month from the periods April 2012 to January 2013.

The number of level access shower jobs allocated per contractorper month from period April 2012 to January 2013.

Amount paid to contactors through the level access shower framework agreement from period April 2012 to January 2013, percontractor per month for this period.

A named list of the contractors who hold a framework agreementunderMajor Adaptations’ works DFG and Non DFG Improvement works.

The order of preference used by the council to allocate Major Adaptations’ works DFG and Non DFG Improvement works.

The number of jobs allocated under Major Adaptations’ works DFGand Non DFG Improvement works permonth from the periods April 2012to January 2013.

The number of jobs allocated underMajor Adaptations’ works DFGand Non DFG Improvementworks percontractor per month from periodApril 2012 to January 2013.

Amount paid to contactors underMajor Adaptations’ works DFG andNon DFG Improvement works framework agreement from period April 2012 to January 2013, per contractor per month for this period.

Please find below the information you have requested.

A named list of the contractors who hold a framework agreement to deliver Level Access Showers (LAS)

LAS Schemes
Dodds Group (Midlands Limited)
Eden Adaptions Ltd
John Gillespie Contractors Ltd

The order of preference used by the Council to allocate level access jobs

The Sandwell Council does not have an order of preference when dealing with the allocation of works. We follow a pre-set system based on Value for Money, performance and quality of work. Contracts are awarded to contractors based on their assessed Value for Money score and their capacity to undertake the work under consideration. Under the framework agreement the Council does not make any guarantees regarding amounts of work.

The number of LAS jobs allocated each month from the periods April 2012 to January 2013

Month / LAS jobs allocated each months
April / 12
May / 19
June / 0
July / 4
August / 0
September / 10
October / 13
November / 0
December / 0
January / 8

The number of level access shower jobs allocated per contractor per month from period April 2012 to January 2013.

Contractor / 1 / 2 / 3
April / 5 / 5 / 2
May / 5 / 6 / 8
June / 0 / 0 / 0
July / 2 / 2 / 0
August / 0 / 0 / Suspended
September / 0 / 10 / Suspended
Oct / 8 / 5 / Suspended
Nov / 0 / 0 / Suspended
Dec / 0 / 0 / 0
Jan / 0 / 8 / 0

Amount paid to contactors through the level access shower framework agreement from period April 2012 to January 2013, per contractor per month for this period.

Section 43(2) of the Freedom of Information Act states that information exempt from disclosure if it would or would be likely to; prejudice the commercial interests of any person (including the public authority holding it).

In this case, the Council believes that disclosing Amount paid to contactors through the level access shower framework agreement from period April 2012 to January 2013, per contractor per month for this period would prejudice both the contractors' and the Council's commercial interest. This is because all agreements were individually negotiated and consist of bespoke prices tendered against the Council's book of rates. In practice, disclosing the rates the Council is prepared to pay for such services would undermine its position to negotiate better deals in the future and therefore causes it commercial prejudice. Disclosing the rates the contractors are prepared to agree on could also undermine their position with prospective or actual customers.

for public contracts by providing potential contractors with information about their competitors, especially since those contracts are soon to be renewed.

As a result, the Council believes it is entitled not to disclose the requested information to you.

A named list of the contractors who hold a framework agreement under Major Adaptations works, Disabled Facilities Grant (DFG) and Non DFG Improvement works.

Major Schemes
CCG Construction Ltd
Eden Adaptions Ltd
Euro Showers U.K. Ltd
Goodwells Ltd
John Gillespie Contractors Ltd
M-Tec
P.R. Property Maintenance
S J Baker Enterprises
T A Smith

The order of preference used by the Council to allocate Major Adaptations works, DFG and Non DFG Improvement works

The number of jobs allocated under Major Adaptations works, DFG and Non DFG Improvement works per month from the periods April 2012 to January 2013

Month / Jobs allocated
April / 8
May / 16
June / 6
July / 8
August / 16
September / 13
Oct / 10
Nov / 11
Dec / 12
Jan / 10

The number of jobs allocated under Major Adaptations’ works DFG and Non DFG Improvement works per contractor per month from period April 2012 to January 2013

Amount paid to contactors under Major Adaptations works, DFG and

Non DFG Improvement works framework agreement from period April2012 to January 2013, per contractor, per month for this period.

In this case, the Council believes that disclosing Amount paid to contactors under Major Adaptations works, DFG andNon DFG Improvement works framework agreement from period April2012 to January 2013, per contractor, per month for this periodwould prejudice both the contractors' and the Council's commercial interest. This is because all agreements were individually negotiated and consist of bespoke prices tendered against the Council's book of rates. In practice, disclosing the rates the Council is prepared to pay for such services would undermine its position to negotiate better deals in the future and therefore cause it commercial prejudice. Disclosing the rates the contractors are prepared to agree on could also undermine their position with prospective or actual customers.

Section 43(2) being a qualified exemption, its application must then be balanced out with the public interest. In this case, the Council is satisfied that the public interest in withholding the information is greater than that in disclosing it. This is because disclosure would undermine fair competition for public contracts by providing potential contractors with information about their competitors, especially since those contracts are soon to be renewed.

As a result, the Council believes it is entitled not to disclose the requested information to you.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your request, and should be addressed to:

Information Management Unit

Sandwell Council House

Freeth Street

Oldbury

West Midlands

B69 3DE

Email –

If you are not content with the outcome of an internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Please remember to quote the reference number above in any future communications.

Yours sincerely

Sarah Fishwick

Adaptations Manager

Sandwell Metropolitan Borough Council

Legal and Governance Services

Sandwell Council House, Oldbury, Sandwell, West Midlands B69 3DE