Exempt report - Tender for Staines Market - Key Decision
Councillor Harvey
To consider a report seeking authority to progress with a tender exercise for a contract to operate Staines-upon-Thames market on behalf of the Council.
Reason for exemption
This report contains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006:
Category 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).
And in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in the tender process as it will allow tenders to be aware of the current contract value but the contract terms might change, and the position regarding the Transfer of Undertaking (Protection from Employment) Regulations 2006 prior to the tender process. This in turn prejudices the Council by distorting the tender process.
Minutes:
Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).
Cabinet considered an exempt report on the management of Staines Market as the current contract is due to expire in November 2018.
Alternative options considered and rejected:
To directly employ staff to manage the market.
Resolved to:
1. Authorise the Group Head of Neighbourhood Services to progress with a tender exercise for a contract to operate Staines-upon-Thames market on behalf of the Council; and
2. Delegate the selection of the shortlist of tenderers and the selection of the contractor to the Group Head of Neighbourhood Services in consultation with the Portfolio Holder.
Reason for decision:
Contracting out the management of the market will maintain the current income levels from the market whilst retaining control over how the market operates.