Information about facilities management

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Freedom of information request reference no: 01.FOI.22.023390

I note you seek access to the following information:

I would be most grateful if you would provide me information regarding your facilities management approach:

1. Which software solution(s) are used to manage your corporate property/assets including facilities management (CAFM)?
2. When is this contract expected to expire and
3. are you expecting to extend or renew this contract?
4. What was the actual contract value(s) of each contract?
5. Who is the senior officer (outside of procurement) responsible for this contract?
6. How are facilities management services (hard FM, soft FM or TFM) handled across your estate?
7. If any services are outsourced, which services
8. and to which suppliers?
9. What are the start dates
10.and durations of these contracts,
11. and which services are included in each?
12. Is there an extension clause in the contract(s)
13. and if so, what is the duration of the extension?
14. Has a decision been made yet on whether the contract(s) are being either extended or renewed?
15. What is the job title of the senior officer (outside of procurement) responsible for the contract(s)?
16. Do you utilise any outsourced helpdesk or FM integrator services?
17. If so, with which supplier(s)?
18. Are you looking to commission any estate condition surveys this year?
19. Typically what type of fire related safety services would you outsource? FRA’s, Compartmentation Surveys, Fire Strategy Development etc.

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 40(2) Personal Information
Reason for decision

The MPS has not provided personal information requested for Question Four (4) as the following exemption is engaged;

Section 40(2)(3A)(a) (Personal Information) - The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption. The information sought under your Freedom of Information request includes the following which we consider to be the Personal Data of the individuals that could be identified through the release of this information/ Personal information requested within this FOIA request includes:

• Names of living individuals

Where the request is seeking access to third party personal data the Section 40(2) exemption may be engaged. In order to apply the Section 40(2) exemption, the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3(A), 3(B) and 4(A) of the Data Protection Act 2018.

The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles. There are six Data Protection principles specified within Article 5(1) of the General Data Protection Regulation (GDPR).

In this instance we have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which requires that personal data shall be: ‘processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

Under the Data Protection Act 2018, the disclosure of personal data is considered to be lawful if:

a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.

Here, we need to balance the rights and freedoms of the individuals involved with any legitimate public interest in disclosure. Having considered the release of the identified personal data, the MPS has found, having considered the legitimate interest test, that, whilst there is an element of public interest in the recorded information, the information requested is uniquely personal to individuals in the context of their personal and working lives in connection to their occupation.

The MPS does understand that the information requested relates to the policing community and the use of public funds. We appreciate there is always a public interest in knowing information held regarding MPS property and how resources/funds are spent and used.

However, disclosure of the requested information under FOIA legislation is not necessary to meet a legitimate interest, particularly when considering the distress that is likely to be caused to individuals with the disclosure of their personal information via an FOIA request and including consideration that information is being disclosed regarding job titles.

With this in mind, the data subjects in the circumstances of your request would have a legitimate expectation that this type of personal data would not be used for non-policing purposes (i.e. FOIA requests – disclosures for which are put up publicly on the MPS website Publication Scheme).

The public interest in disclosure of information relating to property/resources is met by the disclosure of non-harmful details disclosed to you today.

Disclosure in the circumstances of your request would be unlawful and would therefore contravene the first data protection principle. I have therefore applied the exemption provided under Section 40(2) of the Freedom of Information Act to this information as the first condition, defined in subsection 3(A)(a) of Section 40 has been satisfied.

This therefore becomes an absolute exemption, and I am not required to provide you with a public interest test.

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual. Recently the General Data Protection Regulation (GDPR) was been introduced across the European Union (EU) and the European Economic Area (EEA).

In respect of the United Kingdom, GDPR was enshrined in UK law through the Data Protection Act 2018. The MPS, like all UK public authorities are obliged to comply with the Data Protection Act 2018 and this includes the protection of personal data. Information captured by your request, can fairly be considered "personal data" and sensitive, with a clear identifiable link.

In most cases, personal data is exempt from disclosure under the remit of the Freedom of Information Act. Where an individual is requesting third party personal data the MPS must ensure that any action taken adheres to the principles of GDPR/ the Data Protection Act 2018.

To clarify, the Freedom of Information Act only allows disclosure of personal data if that disclosure would be compliant with that law. The disclosure of the information you have requested must be carefully managed in order to ensure that there is no prejudice to any person in any possible way, however remote.

Disclosure

Q1 - Which software solution(s) are used to manage your corporate property/assets including facilities management (CAFM)?

The following software solutions are used to manage our corporate property/assets:- Maximo, Manhattan and Artemis.

Q2 - When is this contract expected to expire and are you expecting to extend or renew this contract?

Maximo is a CAFM Solution provided by a third party supplier as part of our integrator solution. The Service is due to come to an end on the 1st November 2022.
Manhattan Contract November 2023 with 1 year extension option.
Artemis Contract is expected to expire February 2024.

Q3 - are you expecting to extend or renew this contract?

Maximo – A new service provider has been appointed to deliver a new operating system from the 1st November 2022 it is also envisaged that this will include a replacement for Artemis and Manhattan and will expire 2030.

Q4 - What was the actual contract value(s) of each contract?

Maximo – We are unable to extract the exact cost for Maximo as it is part of a total integrated solution. The information you have requested is not held/ recorded.
Artemis - £69k Annual Subscription support and Maintenance
Manhattan – £89k Annual support and Maintenance

Q5 - Who is the senior officer (outside of procurement) responsible for this contract?

Maximo (CAFM – Head of Real Estate Commercial and Finance) Artemis and Manhattan (Head of Operational Support Group).
Any further information held to answer this is exempt by virtue of Section 40(2) for this question. Please refer to ‘Reason for decision,’ section.

Q6 - How are facilities management services (hard FM, soft FM or TFM) handled across your estate?

Facilities Management Services are delivered through a number of contracts. These contracts are procured and managed through our Integrator (KBR).

Q7 - If any services are outsourced, which services

All facilities management services are delivered by outsourced service providers.

Q8 - and to which suppliers?