191205 FoIA Response re Defined Costs – Post Tribunal

05/12/2019 From: FOIAdvice @ highwaysengland.co.uk
Cc: casework@ico.org.uk
Subject: RE: Further response[Ref. RCC0740733] RE: FS50703446 Tribunal EA/2018/0088

Ref. RCC0740733 & FS50703446

Thank you for your e-mail on 11 November and subsequent e-mails on 13 November and 19 November 2019.

We believe that we have provided this information on a number of occasions but in accordance with the direction of the Tribunal:

I ask to be provided from 01/07/2014 in respect of Areas with Appendix A to Annex 23 and damage to Crown Property:

1. The Defined costs, those referred to in Appendix A to Annex 23 of the contract
The term ‘Defined Cost’ refers to a definition in the contract which can be found in clause 11 at point (27). The contract does not contain a schedule of Defined Costs. The Defined Cost is calculated in accordance with the definition.

2. The Third party claims overhead
Area 4 10.71%
Area 9 25.29%
Area 12 11.60%

3. all information that relates to how the above are to be applied to claims
The process for administering Third Party Claims is covered in Annex 23 Third Party Claims (https://webarchive.nationalarchives.gov.uk/20140603121733/http://assets.highways.gov.uk/about-us/procurement-asset-support-contract/ASC_Model_S_I_Annex_23_Third_Party_Claims.pdf)

The Conditions of Contract Schedule 1 contains the Schedule of Cost Components, which can be found at page 101 (https://webarchive.nationalarchives.gov.uk/20140603121903/http://assets.highways.gov.uk/about-us/procurement-asset-support-contract/ASC_Model_Conditions_of_Contract.pdf). The schedule does not contain any figures or rates but sets out the heads of costs.

4. confirmation that the charge to Highways England comprises:
a. the defined cost (at ’12 above)
b. a fee uplift

The model Conditions of Contract for Highways England Asset Support Contracts (ASC) is publicly available online (https://webarchive.nationalarchives.gov.uk/20140603121903/http://assets.highways.gov.uk/about-us/procurement-asset-support-contract/ASC_Model_Conditions_of_Contract.pdf). This document sets out the charge to Highways England but for the avoidance of doubt Highways England is charged defined cost + fee.

Highways England now considers the matter closed and will not address further correspondence from you on this case. This does not affect your right to complain to the Information Commissioner who can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane

Kind Regards

Highways England FOI Team
Web: http://highwaysengland.co.uk