{meta} Decision - Request for Approval - Exception to Contractual Standing Orders - Contract Award - Salford Young People's Domestic Abuse Service

Decision details

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decision:

Salford City Council - Record of Decision

 

I Councillor Hinds, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

(1)       An exception to Contractual Standing Orders as follows:

·        *The need for the goods, services or works is so urgent that the time needed to comply with the rules would be prejudicial to the council’s interests.

·        *Specialist services/supplies which are available only from one supplier. For example, specialist niche consultants or suppliers where there is a sole supplier of patented or proprietary articles, or materials or services exclusively provided by a statutory undertaker or other bodies..

·       *Where any of these standing orders are inconsistent with any legislative requirements, in which instance the provisions of the appropriate legislation shall prevail.

·       *Where the council can demonstrate that an integrated or strategic approach to procurement is being implemented and there is a requirement to align services or contracts to co-terminus end dates.

·       *There are value for money reasons justifying an exception.

 

(2)       The award of the Contract as detailed in the table below:

Detail required

Title/Description of Contracted Service/Supply/Project

Salford Young Peoples Domestic Abuse Service

Name of Successful Contractor

Trafford Domestic Abuse Service & TLC

Supplier Registration Number

(to be supplied by Corporate Procurement)

1120983/512710

Type of organisation

(to be supplied by Corporate Procurement)

Registered Charity

Status of Organisation

(to be supplied by Corporate Procurement)

Non-SME

Contract Value

 

£126,672.50 TDAS/£37,905 TLC /

 

£126,672.50 TDAS/£37,905 TLC /

Per annum

Contract Duration

24 months

Contract Start Date

01/04/2020

Contract End Date

31/03/2022

Optional Extension Period 1

N/A

Optional Extension Period 2

N/A

Who will approve each Extension Period?

Strategic Director (extension < £150k)

Contact Officer (Name & number)

Claire Baddley

Lead Service Group

People Services

Reason for CSO Exception

(select all that apply)

The need for the goods, services or works is so urgent that the time needed to comply with the rules would be prejudicial to the Council’s interests

x

Specialist services/supplies which are available only from one supplier. For example, specialist niche consultants or suppliers where there is a sole supplier of patented or proprietary articles, materials or services exclusively provided by a statutory undertaker or other bodies

x

For reasons of compatibility with existing services/products – for example, equipment that needs parts from its own manufacturer

Where any of the standing orders are inconsistent with any legislative requirements, in which instance the provisions of the appropriate legislation shall prevail

x

Where the Council can demonstrate that an integrated or strategic approach to procurement is being implemented and there is a requirement to align services or contracts to co-terminus end dates

X

There are value for money reasons justifying a CSO Exception

x

School Governors: in relation to the Local Management of Schools (LMS), where schools have adopted their own standing orders

The shared legal service, in respect of the appointment of counsel

Strategic Director of CHSC: contracts for the provision of personal care services or facilities pursuant to the National Health Service and Community Care Act 1990

Funding Source

Choose an item.

 

EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:- 

This contract will have a positive impact on some very vulnerable Children and Young People who currently receive no service.


ASSESSMENT OF RISK: 

If the exception is not approved and we are unable to award the contract to TDAS and TLC to deliver these services then this may have a detrimental impact on the Children and Young People who currently are victims of domestic abuse across the city.


SOURCE OF FUNDING:  

Best value CCG transformation funding


 

LEGAL IMPLICATIONS: Supplied by: Tony Hatton, Principal Solicitor, tel. 219 6323

 

Ordinarily when commissioning contracts for the procurement of goods, services or the execution of works the Council as a ‘contracting authority’ must comply with the Public Contract Regulations 2015 (PCR) as well as the provisions of its own Contractual Standing Orders (CSO’s), Financial Regulations and the duties of Best and Social value. In addition, the PCR require that contracting authorities treat candidates equally and in a non-discriminatory way and act in a transparent manner, failing which the award of a contract may be subject to legal challenge. For contracts of this value the Council would usually undertake a tender exercise using the Chest portal.

 

However in exceptional circumstances where CSO’s permit, the Council may approve an exception, and the report sets out the reasons for the request in accordance with  CSO’s. Whilst exceptions to CSO’s may be authorised by an approval from the Procurement Board, there is still a risk of challenge from aggrieved providers if the usual tender process has not been followed on the basis that it ought to have been advertised and put out to competition.

The risk of challenge increases with the value and duration of a proposed contract being awarded. Here the period proposed is short and is for a low value, the services to be provided are needed urgently, are specialist services, and the provider is described as a unique provider of the services hence uniquely placed within the market, and accordingly the risk of any such challenge may be regarded as extremely low.

 

The Council is also under a best value duty to carry out its functions economically, efficiently and effectively with the objective to achieve value for money in all public procurement, and having considered the circumstances in this matter has concluded that the recommendation to award the pilot contract to Trafford Domestic Abuse and TLC is considered to be of least risk and of most benefit to the Council.

By way of general comment, pilot schemes are usually carried out in order to identify the suitability of potentially new ways of delivering services, particularly if linked to innovation and developing a marketplace where one may not exist. Usually (for awards of greater financial value) to avoid the potential for challenge to a direct award of a pilot scheme to a provider, a scheme should be clearly defined in its period/length, scope, cost and required outcomes.


FINANCIAL IMPLICATIONS: Supplied by:  Chris Mee, Strategic Finance Manager, Tel: 0161 778 0434

The cost of this contract of circa £164k per annum, will be met from within the approved transformation funding provided by the CCG, for the Salford Best Value Programme. 


PROCUREMENT IMPLICATIONS: Supplied by: Christopher Conway, Procurement Category Manager, tel. 0161 686 6248

Salford Procurement have been in discussions with Children’s Services since early November and reviewed options to tender this with them however it was discussed and agreed that an exception would be the preferred route by the service lead for the reasons stated in this report. Procurement can confirm that a tender exercise will be scheduled during the 2nd year of the proposed contract.

 



Contact Officer:                            Tel No 07397890001

Claire Baddley

 

*         This Lead Member for Children’s Services and Young People’s Services has been consulted on these proposals.

 

*         The appropriate scrutiny committee to call-in the decision is the Children’s Scrutiny Panel.

 

 

 

Signed:   BILL HINDS                  Dated:   05 February 2020

                     Lead Member

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*         This decision was published on 05 February 2020

 

*         This decision will come in force at 4.00 p.m. on 12 February 2020 unless it is called-in in accordance with the Decision Making Process Rules.

 

Publication date: 05/02/2020

Date of decision: 05/02/2020

Decided at meeting: 05/02/2020 - Procurement Board

Effective from: 13/02/2020

Accompanying Documents: