Decision details

Salford City Council – Record of Decision

I, Paul Dennett, City Mayor, in exercise of the powers contained within the Council Constitution do hereby approve:

·         the award of the Contract for the Framework Agreement for Demolition and Associated Services as detailed in the table below:

The Reasons are:

To request the approval of the framework for Demolition and Associated Services split into three lots:

Lot 1 – Demolition Projects – mini competitions

Lot 2 – Emergency demolition – direct award

Lot 3 – Demolition enabling and emergency security works 24hrs – direct award

Options considered and rejected were: None. All procedures are in accordance with normal Contractual Standing Orders

Assessment of Risk: High

If the framework agreement is not awarded, buildings across the city, that are in a dangerous condition and others that are scheduled to be demolished, will remain exposed to the risk of anti-social behaviour activities in these areas, potentially putting the public at risk of harm and have a detrimental effect on local residents. The City Council will need to find an alternative procurement route at short notice to carry out works to make safe any dangerous buildings.

Framework Agreements or indeed guidance regarding how goods and services within the construction category should be procured is essential in maintaining a fully compliant procurement process.

The establishment of Framework Agreements (where appropriate) or the use of an existing compliant Framework Agreement, is in line with procurement best practices.

The source of funding is:

The source of funding will vary from scheme to scheme although most will be capital

Legal Advice obtained. Supplied by: Tony Hatton, Principal Solicitor.

When commissioning contracts for the provision of goods, services or the execution of works, the Council must comply with the provisions of the Public Contracts Regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s) as set out in the Constitution, failing which the award of a contract may be subject to legal challenge. In that regard, the Framework Agreement was set up following a compliant tender process in accordance with public procurement regulations in force at the time and CSO’s.

The framework arrangement enables the Council to call-off the specified services against the agreed set of terms etc. should they wish to do so within the lifespan of the framework.

The framework itself is not a contract and it must be made clear to providers on the framework that the Council is under no obligation to guarantee a certain volume of work or any work to any of the providers who are on it.  Effectively being party to the agreement does not place any obligation on the Council (or any other eligible authority) to use the framework but provides them with the opportunity to do so.

The maximum term for the framework agreement is a 4-year period (2 years plus two options to extend for 12 months), and the terms and conditions established under the framework govern the contracts let under it, although each contract will inevitably have some differences to reflect the agreement struck between the parties to the contract.

At the end of this potential 4-year period, the framework must be dissolved and suppliers for goods or services re-competed for. If necessary, a new framework can then be established. This ensures that value for money can be periodically tested and open competition maintained. The period of the individual contracts established under the framework can be as long or as short as the authority requires and may be entered into at any time during the period of the framework arrangement.

FINANCIAL IMPLICATIONS: Submitted by:  David R Mills, Interim Strategic Finance Manager

Dated:  06/07/22

Taking a view on previous experience and potential works coming through the council there could be the potential of £8million of work throughout the duration of the contract.

These works will be agreed and authorised on a case-by-case basis and dependent on council need.

Innovation Project implications have been considered.

PROCUREMENT IMPLICATIONS: Supplied by: Deborah Derbyshire

Dated: 01/07/2022

The procurement process is outlined in the report above, therefore the process undertaken is compliant with the Procurement Contract Regulations and the Councils Contractual Standing Orders.

HR Advice obtained; N/a

Climate Change Implications:

No significant Climate Change implications in this project. All projects are developed to meet or exceed current legislation and requirements relating to energy efficiency and carbon reduction targets. Projects are required to support the Council’s objectives of becoming carbon neutral by 2028.

The works will be programmed to minimise the traffic impact in the area.  Any waste materials will be removed and taken to a transfer station for systematic sorting and recycling to ensure minimal landfill waste.

Sustainability plans would be targeted to also align with opportunities to continue to deliver social value outcomes.

The following documents have been used to assist the decision process.

Report to Procurement Board dated 27^th July 2022

Contact Officer: Les Woolhouse Head of Buildings and Facilities

Telephone Number: 07713 786 093

This matter is not subject to consideration by another Lead Member.

The appropriate Scrutiny Committee to call-in the decision is the Growth and Prosperity Scrutiny Panel and the Overview and Scrutiny Board

*           This decision was published on 27 July 2022

*           This decision will come in force at 4:00pm on 3 August 2022 unless it is called-in in accordance with the Decision Making Process Rules.