Request
You state that Acciona has provided an Anti-Collusion Certificate as part of the tendering process. Therefore I would like to request:
1. The information that Acciona supplied, as part of the tendering process, of prior anti-competitive conduct.
2. Minutes of NLWA Committee’s consideration of Acciona’s disclosure.
3. A link to the Anti-Collusion Certificate itself. Hopefully it is publicly available.
Response
Thank you for your request for information about the North London Heat and Power Project, received on 16 February 2022, and apologies for the delay in responding. Your request has been allocated the reference number 2022-170 and is being handled under the Environmental Information Regulations (EIR) 2004.
The Authority used a standard selection questionnaire template that covered the exclusion grounds set out in Regulation 57 of the Public Contracts Regulations 2015 at the beginning of the procurement process. We are unable to provide the questionnaire completed by Acciona as it contains commercially confidential information and the exception set out in regulation 12(5)(e) of the EIR therefore applies. The selection questionnaire template is attached for information. The part that candidates were required to complete begins on page 19.
The public minutes for the Authority meeting on 16 December 2021, at which the award of the ERF Works contract to Acciona was agreed, are available on the Authority’s website here.
I attach the form of anti-collusion certificate that was used in the procurement and can confirm that a signed copy was provided by Acciona as part of their final tender.