Infrastructure/capital projects and due diligence

Summary

The requester asked about due diligence procedures for infrastructure subcontractors to ensure they are not under criminal investigation. The Department of Infrastructure responded that it does not conduct due diligence on domestic subcontractors, leaving this responsibility to the main contractor, provided the subcontractors are on the MACCS approved list.

Key Facts

• The Department of Infrastructure does not carry out due diligence on domestic sub-contractors.
• Due diligence on sub-contractors is the responsibility of the main contractor.
• Sub-contractors must be included on the List of Approved Contractors under the Manx Accredited Construction Contractors Scheme (MACCS).
• MACCS is operated by the Isle of Man Construction Federation.
• The Department may prohibit sub-contractors for contracts involving children or vulnerable people to ensure vetting requirements are met.

Data Disclosed

• 2019-07-22
• 2019-07-31
• 894161
• 884161
• IM1 2RF
• (01624) 686785
• Freedom of Information Act 2015

Original Request

What due diligence work does the Department and/or Government undertake when awarding infrastructure contracts to ensure that they are fully aware of all subcontracted elements of the contract, and that any sub contracting of the works (including the supply of materials) is not undertaken by firms or individuals currently under criminal investigation either on the island or in another jurisdiction?

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: DPO-DOI@gov.im

Our ref: 894161 31 July 2019

Dear ###

We write further to your request which was received on 22 July 2019 and which states (sic):

"What due diligence work does the Department and/or Government undertake when awarding infrastructure contracts to ensure that they are fully aware of all subcontracted elements of the contract, and that any sub contracting of the works (including the supply of materials) is not undertaken by firms or individuals currently under criminal investigation either on the island or in another jurisdiction?"

Our answer to your question is as follows: In relation to sub-contractors the only requirement is that they are included on the List of Approved Contractors under the Manx Accredited Construction Contractors Scheme (MACCS) operated by the Isle of Man Construction Federation. This link may be useful https://www.iomcf.im/ The Department do not carry out due diligence on domestic sub-contractors. Due diligence on sub-contractors is the responsibility of the main contractor subject to the requirement outlined above.
For contracts that may involve contact with children or vulnerable people (for example cleaning in schools), the Department may prohibit the use of sub-contractors; this is to ensure that any vetting requirements stipulated in the contract (such as Disclosure and Barring Service checks) can be monitored. Please quote the reference number 884161 in any future communications.

Your right to request a review: If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are

dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date. Yours sincerely FOI Response Team