{meta} Agenda item - Approval for an Exception to Contractual Standing Orders for the award of 17 individual packages of short break care and to approve the use of the Manchester Flexible Purchasing Scheme for the commissioning of short break care for children with special educational need and disability (SEND)

Agenda item

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 for the reason(s) highlighted in the table below and the award of the Contract for Individual short break packages of care for 17 children with disabilities and their parent carers and approval to use the Manchester City Council, Flexible Purchasing Scheme, as detailed in the table below:

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

Individual short break packages of care for 17 children with disabilities and their parent carers and approval to use the MCC Flexible Purchase Scheme

Name of Successful Contractor

Various

Supplier Registration Number

(to be supplied by Corporate Procurement)

Type of organisation

(to be supplied by Corporate Procurement)

Other

Status of Organisation

(to be supplied by Corporate Procurement)

SME

Contract Value (£)

£ Various

Contract Duration

36 months

Contract Start Date

01/08/2022

Contract End Date

31/07/2025

Optional Extension Period 1

12 months

Optional Extension Period 2

12 months

Who will approve each Extension Period?

Strategic Director (extension < £150k)

Contact Officer (Name & number)

Karen Smith, Senior Commissioning Manager, 07977 196237

Lead Service Group

People Services

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

Tick if it applies

Reason for CSO Exception: The execution of works or the supply of goods or services is controlled by a statutory body

Tick if it applies

Reason for CSO Exception: Delivers Best Value to the Council

Tick if it applies

Reason for CSO Exception: 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

Tick if it applies x

Reason for CSO Exception: 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

Tick if it applies

Reason for CSO Exception: Security works where the publication of documents or details in the tendering process could prejudice the security of SCC and Salford residents

Tick if it applies

Reason for CSO Exception: 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.

Tick if it applies

Funding Source

Choose an item.

Ethical Contractor (EC): Mayor’s Employment Charter

 

EC: Committed to sign up to the Charter

x

EC: Accredited Living Wage Employer

x

 

The reasons for this exception are that:

 

Salford City Council has a legal duty to provide short breaks for children with disabilities and their parent carers as per ‘The Breaks for Carers of Disabled Children Regulations (2011). Approval for current individual packages of care is authorised and delegation to the Strategic Director, People, for authorisation of each individual package of care up to the value of £150,000 beyond 2022-23.

 

The existing contractual arrangements for commissioning individual packages of short break care will end on 31 March 2023 and cannot meet current demand. Where the current provider cannot meet demand, any new packages of care will be commissioned through the Manchester Flexible Purchasing Scheme from 1 August 2022 and from 1st April 2023, the FPS will be the route for commissioning all individual short break packages of care. During the transitioning to the FPS, authorisation for spot purchase of individual packages of care if required.

 

Options considered and rejected were

Continue with spot purchase arrangements for individual short break care packages. This was rejected on the grounds of not providing assurance of best value for Salford City Council in meeting its legal obligation to provide short breaks for children with disabilities and their parent/carers.

Develop a Salford Framework for short breaks. This was rejected on the grounds of the Manchester Flexible Purchasing Scheme (FPS) is in place and available for all GM local authorities to use to find appropriate support packages for children with disabilities. The specification has been developed with input from parent/carers and children with disabilities. Its usage will represent a substantial saving in officer and provider time rather than a Salford Framework for a relatively small number of children.

 

Assessment of risk

There is currently no formal approval in place for the spot purchase arrangements for individual packages of short breaks. If SCC does not use the FPS there is a risk that there will be continued reliance on meeting the needs of disabled children and young people through spot purchase arrangements which may not achieve best value.

 

The source of funding is

The cost of individual packages will need to be met from within the approved Children’s revenue budget allocation for Short Breaks for 2022/23.

 

This is a demand led budget and any continued pressures in 2022/23 will therefore need to be managed within the overall Children’s Services budget and/or further use of any available covid funding.

 

Legal advice obtained

Yes, from Richard Purcell, Principal Solicitor, Commercial Legal Team

 

Financial advice obtained

Yes, from Chris Mee, Strategic Finance Manager

 

Procurement advice obtained

Yes, from Christine Flisk, Senior Procurement Manager

 

HR advice obtained

Not applicable

 

Climate change implications obtained

Yes, Mike Hemingway, Climate Change Principal Officer

 

Documents used

The relevant documents contain exempt or confidential information and are not available for public inspection.


 

Contact details

Contact Officer:  Karen Smith, Senior Commissioning Manager

Telephone number: 07977 196237

 

Please delete from the bullets below any which are not relevant

  • The Lead Member has been consulted and is supportive of the proposed contract.
  • This matter is not subject to consideration by another Lead Member.
  • The appropriate Scrutiny Committee to call-in the decision is the Children’s Scrutiny Committee

 

Signed:       Cllr Bill Hinds              Dated: 10 August 2022

                   Lead Member

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 10 August 2022

*           This decision will come in force at 4.00 p.m. on 17 August 2022 unless it is called-in in accordance with the Decision Making Process Rules.

 

Supporting documents: