{meta} Decision - Request for Approval - Exception to Contractual Standing Orders - Active Lifestyles For Adults and Physical Activity in Schools 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 an exception to Contractual Standing Orders as permitted within the City Council Constitution and the award of the Contract as detailed in the table below:

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

ACTIVE LIFESTYLES FOR ADULTS AND

PHYSICAL ACTIVITY IN SCHOOLS SERVICE

Name of Successful Contractor

Salford Community Leisure

Supplier Registration Number

(to be supplied by Corporate Procurement)

IP29627R

Type of organisation

(to be supplied by Corporate Procurement)

Industrial & Provident Society

Status of Organisation

(to be supplied by Corporate Procurement)

Non-SME

Contract Value

£190,000

Per Annum (estimated average)

Contract Duration

Contract Start Date

01/04/2021

Contract End Date

31/03/2022

Optional Extension Period 1

01/04/2022 – 31/03/2023

Optional Extension Period 2

n/a

Who will approve each Extension Period?

Procurement Board (extension > £150k)

Contact Officer (Name & number)

Peter Locke – 07976267926

Lead Service Group

Public Health

Reason for CSO Exception

(select all that apply)

The goods / services / works are only obtainable from one provider and there is no other provider available to allow genuine competition

x

The execution of works or the supply of goods or services is controlled by a statutory body

Delivers Best Value to the Council

x

Special education, health or social care contracts, if it is considered in the Council’s best interests and to meet the Council’s obligations under relevant legislation

The execution of works or the supply of goods and services is required so urgently as not to permit compliance with the requirements of competition

x

Security works where the publication of documents or details in the tendering process could prejudice the security of SCC and Salford residents

Procurements made through, or on behalf of, any consortium, local authority, statutory or similar body, provided that tenders or quotations are invited and contracts placed in accordance with national or EU legislation.

Funding Source

Choose an item.

Ethical Contractor

Mayor’s Employment Charter

Committed to sign up to the Charter

x

 

Accredited Living Wage Employer

x

 

The reasons are

 

As outlined in the table at the start of this paper, this exception is being sought for both parts of this contract for the following reasons:-

 

·       The goods / services / works are only obtainable from one provider and there is no other provider available to allow genuine competition. Salford Community Leisure are the only provider in the city to have the assets to deliver this service – through  qualified specialist staff, buildings and equipment with reach across the city to permit equitable access for residents who require the Active Lifestyles and Physical Activity in Schools Services

 

·       Delivers best value to the council Salford Community Leisure have delivered on their KPIs and have a track record of evidenced positive outcomes for service users Salford Community Leisure works alongside primary and secondary care, VSCE sector and SCC to provide integrated pathways This is also the same for the Physical Activity in Schools Service .

 

·       The execution of works or the supply of goods and services is required so urgently as not to permit compliance with the requirements of competition –The contract is due to cease in March 2021 for both the Adult Active Lifestyles and Physical Activity in Schools Services. Unfortunately, this contract was not extended prior to due unforeseen circumstances. .

 

Options considered and rejected were

 

Due to a combination of the reasons described above, there were no other realistic options available to consider

 

Assessment of risk

There is a high risk of destabilising the Active Lifestyle Team if the Schedule is not maintained. If the funding is not approved and transferred before 31/03/2021 the Active Lifestyle Service may have to cease in its delivery as of 01/04/2021 as staffing and other costs will not be met. As indicated above, this service contributes to and aligns with many local strategies and programmes to prevent ill health through promoting positive wellbeing through physical activity and the management of long-term conditions. There is no other offer providing  specialist support to get active and prevent further ill health and manage existing health conditions.

Likewise, the Physical activity in Schools Service is crucial for supporting our city’s most vulnerable children to improve their social, mental and emotional wellbeing and develop tools to enable them to then develop in to resilient young adults as part of the Salford THRIVE model. This is in addition to the impact taking regular physical activity has on the city’s childhood obesity levels. Also, children who enjoy physical activity and reap the benefits in early life are statistically much more likely to continue to be physically active in to adulthood which reduces the chance of premature morbidity and mortality from numerous diseases such as cancers and CVD. Both parts of this contract are integral to the wider Salford Physical Activity Framework and Locality Plan and support a multitude of other work that supports the population of Salford to live longer, healthier lives and reduce health inequalities.

 

The source of funding is

The Public Health Revenue Budget

 

Legal advice obtained

 

Yes, as below:-

 

Tony Hatton, Principal Solicitor, tel. 219 6323

When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the Public Contracts Regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s), failing which a contract may be subject to legal challenge from an aggrieved provider.

 

Whilst exceptions to CSO’s may be authorised by a decision notice from Procurement Board, as detailed in the Constitution there is still a risk of challenge from aggrieved providers if the usual tender process has not been followed. The risk of challenge increases in tandem with the value and proposed length of the extension. In this instance the Council is not commissioning a service which may be readily provided by a number of suppliers in the marketplace, if indeed any, and SCL are in a unique position to provide the services to the Council to realise the benefits set out in the report.

 

Also PCR permits direct awards of contracts to be made in limited circumstances, set out at regulation 32 of the PCR (“Negotiated procedure without prior publication”) such that reg 32 (2)(b)(ii) confirms use of the procedure:

“…where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:

 (ii)  competition is absent for technical reasons,

 but only….where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;”

 

Financial advice obtained

 

Yes, as below:-

 

Michelle Cowley, Finance Manager, x2520

 

Funding is available through the Public Health Grant - Cost Centre: S7414

 

 

Procurement advice obtained

 

Yes, as below:-

 

Chris Conway, Procurement, tel. 6248.

 

Procurement are happy to approve the extension for the Active Lifestyles service

from 1st April 2021 to 31st March 2022 with an option to extend for a further 12 months for period 1st April 2022 to 31st March 2023, it should be noted that this contract now falls under the Service Level Agreement that Salford Council has in place with Salford Community Leisure. Salford City Council are currently undertaking a review of all SCL commissioned services under the SLA and will engage with Public Health re future procurement options moving forward.

 

HR advice obtained n/a

 

Climate change implications obtained n/a

 

Documents used

·       Active Lifestyles & Physical Activity in Schools Extension (Exception to Contract) Paper

·       Specification - AL for LTC (Dec 16)

·       Specification - Phys Activity in Schools (Dec 16)

·       Active Lifestyles (LTC Only) Report Q3 2019 -20

·       SSSP 2020 REPORT

·       https://www.salford.gov.uk/your-council/social-value-in-salford/

·       AL Social Impact Report - Executive Summary

 

Contact details

Contact Officer: Peter Locke

Telephone number: 07976267926

 

·       This matter is also subject to consideration by the Lead Member for Health and Wellbeing

·       The relevant Scrutiny Committee to call-in the decision is the Health and Social Care Scrutiny Panel

 

 

 

Signed: COUNCILLOR BILL HINDS       Dated: 17th February 2021

                    Lead Member

 

 

*         This decision was published on 17th February 2021

*         This decision will come in force at 4.00 p.m. on 24th February 2021 unless it is called-in in accordance with the Decision Making Process Rules.

 

Publication date: 17/02/2021

Date of decision: 17/02/2021

Decided at meeting: 17/02/2021 - Procurement Board

Effective from: 25/02/2021

Accompanying Documents: