Transport Scotland - Documentation relating to the provision of vehicle recovery services during works on the M8: EIR release

Information requested

Full disclosure of all documentation, contracts, agreements, and associated records relating to the provision of vehicle recovery services during the planned works on the M8 Junctions 16 to 17 (Woodside Viaduct).

This request is made on the basis of operational concerns arising from multiple incidents in which the contracted vehicle recovery service appears not to have been delivered as required.

For the avoidance of doubt, this request includes (but is not limited to) the following:

• Copies of all contracts, sub-contracts, service level agreements, and any variations thereto concerning vehicle recovery operations within the roadworks section.
• Records, correspondence, and internal communications explaining the decision not to re-tender the vehicle recovery provision following any extension of the project duration.
• Documentation confirming whether a contractual requirement existed for the continuous presence of a heavy recovery vehicle on site, including any specifications, risk assessments, or operational requirements underpinning such provision.
• Full details of the agreed pricing structure, tender evaluation documents, cost schedules, and any financial arrangements associated with the vehicle recovery contract.
• Any procurement documentation, including tender notices, award criteria, and justification for contract award and/or extension without re-tendering.
• Any governance, compliance, audit, incident reporting, or oversight records demonstrating adherence to applicable public procurement regulations, contractual obligations, and value-formoney requirements.
• Records of any reported failures, delays, or non-performance relating to the recovery service during the course of the works, including any remedial actions taken.

If any part of this request is considered exempt under the Act, please clearly specify the exemption relied upon and provide a detailed explanation in accordance with your statutory obligations. Where information is withheld, I request that all reasonably segregable non-exempt material is disclosed.

I request that the information be provided in electronic format where reasonably practicable.

Response

To aid my response I have numbered your questions.

Q1. Copies of all contracts, sub-contracts, service level agreements, and any variations thereto concerning vehicle recovery operations within the roadworks section.

A1. Vehicle Recovery Service is being provided in accordance with the Network Management Contract (NMC), South West Contract which is available to the public on the Transport Scotland website here: South west trunk roads operating company contract | Transport Scotland. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

However, as the Recovery of vehicles was subcontracted in line with NMC procedures, we have provided information related to the tender, which is not freely available on the above website.

This is in the form of attached documents:

• Annex A - “Woodside Recovery Vehicles - Tender” – showing the tender scoring mechanism
• Annex B - “Chapter 8 Recovery Vehicles” – Showing an extract of the standards to be complied with
• Annex C - NMC Schedule 5 which includes the specification for the provision of Recovery Vehicles.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Q2. Records, correspondence, and internal communications explaining the decision not to retender the vehicle recovery provision following any extension of the project duration.

A2. Amey’s contract with their vehicle recovery contractor has been extended and Annex D is an email that shows a record of this being accepted by Transport Scotland, following a comparison of rates from another contract.

While our aim is to provide information whenever possible, An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested in Annex D. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by our Operating Companies and thus cause substantial harm to their commercial interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Q3. Documentation confirming whether a contractual requirement existed for the continuous presence of a heavy recovery vehicle on site, including any specifications, risk assessments, or operational requirements underpinning such provision.

A3. Vehicle Recovery Service is being provided in accordance with the Network Management Contract (NMC), South West Contract which is available to the public on the Transport Scotland website here: South west trunk roads operating company contract | Transport Scotland. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Further information available is included in response to Q1.

Q4. Full details of the agreed pricing structure, tender evaluation documents, cost schedules, and any financial arrangements associated with the vehicle recovery contract.

A4. Pricing structure is in accordance with the terms and conditions set out in the Network Management Contract (NMC), South West Contract which is available to the public on the Transport Scotland website here: South west trunk roads operating company contract | Transport Scotland. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Further information available is included in response to Q1.

Q5. Any procurement documentation, including tender notices, award criteria, and justification for contract award and/or extension without re-tendering.

A5. Transport Scotland Approval to use the current provider of recovery services on the NMC South West Contract was given on 2 November 2020.

Further Information is provided in response to Q1 and Q2.

Q6. Any governance, compliance, audit, incident reporting, or oversight records demonstrating adherence to applicable public procurement regulations, contractual obligations, and value-for-money requirements.

A6. Governance, compliance and audit is carried out in accordance with the NMC South West Contract which is available to the public on the Transport Scotland website here: South west trunk roads operating company contract | Transport Scotland. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Q7. Records of any reported failures, delays, or non-performance relating to the recovery service during the course of the works, including any remedial actions taken.

A7. There have been no known reported failures of recovery service on the NMC South West Contract.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR 202600514396 - Information released - Annex A - D

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