{meta} Decisions for call-in

Decisions

In accordance with the constitution, the council publishes decisions taken by the City Mayor, Deputy City Mayors and Lead Members. Use the search options at the bottom of the page to find information regarding decisions taken at executive meetings after 24 January 2017.

Details of previous decisions are available as follows:

Officer decisions are not subject to call-in, however during the period of five working days from the publication of a decision taken by the City Mayor, Deputy City Mayors or a Lead Member, a request to 'call-in' a decision may be made by either:

Requests for call-in are only used in exceptional circumstances and if a decision is not called-in, it becomes effective at 4pm on the fifth working day following publication.

Decisions recommendations approved (subject to call-in)

19/02/2020 - Request for Approval - Acceptance of a tender for timber cornice and roof repairs at Salford Museum and Art Gallery ref: 620    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 19/02/2020 - Procurement Board

Decision published: 19/02/2020

Effective from: 27/02/2020

Decision:

Salford City Council - Record of Decision

 

I Councillor Bill Hinds  in exercise of the powers conferred on me by the Scheme of Delegation of the Council do hereby approve:-

 

(a)  The award of the following contract for a project approved under the current Corporate Capital Programme:-

 

(i)   Acceptance of the tender from Schofield and Sons Limited in the sum of £228,329.00 to for the renewal of the timber cornice and associated roof  repairs at Salford museum and Art Gallery (SMAG).

 

Detail required

Title/Description of Contracted Service/Supply/Project

Timber cornice and associated roof repairs at SMAG

Name of Successful Contractor

Schofield and Sons Limited

Supplier Registration Number

(to be supplied by Corporate Procurement)

                                 2459259

Type of organisation

(to be supplied by Corporate Procurement)

Private Limited Company

          Status of Organisation

(to be supplied by Corporate Procurement)

SME

Contract Award Price

£228,329.00

Full Project

Contract Value Including Fees and approved QRA

(if applicable )

£260,000.00

Full Project

Contract Duration

10 weeks

Contract Start Date

02/03/2020

Contract End Date

08/05/2020

Optional Extension Period 1

months

Optional Extension Period 2

months

Who will approve each Extension Period?

Choose an item.

Contact Officer (Name & number)

Gregory Durkin 0161 779 4942

Lead Service Group

Place Directorate 

How the contract was procured?

(to be supplied by Corporate Procurement)

Framework Call-off (Mini Competition)

Framework Details (where applicable)

(Procurement Body, Framework Reference & Title, Start/End Dates, Hyperlink, etc.)

Minor Building Works Framework lot 2 Agreement

Funding Source

Capital Programme

 

The Reasons are:   to enable the works to progress as programmed to start on site and be completed at the earliest possible date. 

 

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

 

Assessment of Risk:  High. The cornice and adjacent roof has reached the end of its economic life and the works are required to prevent the possibility of sections of cornice breaking away and further water penetration into the building. If the works are not undertaken there is a risk of the museum and art gallery becoming water damaged and being forced to close.

 

The programme has been developed to achieve the delivery of the works to meet the necessary completion dates and minimise disruption to the facility

 

The source of funding is: The funding source available is from within the 2019/20  Corporate Capital Programme and is detailed in reports previously submitted to Cabinet for approval.

 

Legal Implications: Supplied by: Tony Hatton, Principal Solicitor, tel. 0161 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. The proposed award of the contract follows a tender exercise by mini competition in accordance with the Council’s Minor Building Works Lot 2 Framework Agreement.

 

The purpose of a framework agreement is to select through a procurement/ evaluation process a number of providers who can meet the service requirements of the Council, as and when those services are required. If they are required then the Council will undertake an exercise to call off the services from one or more of the providers who have been selected to be on the framework and this may be through any number of ways e.g. mini-competition, direct allocation etc. depending on the circumstances. A contract will then be formed between the Council and the chosen provider/s.

 

The Council will need to have followed the procedure set out in the framework agreement for mini competition to ensure the procurement process is compliant. Two tenders were received from framework suppliers for this project, which have been evaluated on the most economically advantageous tender basis in line with procurement procedures resulting in the proposed award of the contract to Schofield and Sons Limited. The procurement procedures therefore appear robust and compliant with the requirements of the Council’s CSO’s and public procurement legislation.

 

Legal Services will assist with preparing any contractual documentation upon receipt of instructions to ensure the Council’s position and interest are protected.

 

 

 

 

 

Financial Implications: Supplied by Gemma Singleton (Finance Officer – Level 2)  Tel: 0161 793 2578.

 

There is funding available under the 2019/20 Capital Programme to meet the total scheme costs of £260,000.00. (Tender cost £228,329.00 plus professional fees and associated costs of £31,671.00).

 

 

 

Procurement Implications: Christine Flisk (Category Manager - Corporate Procurement Team) Tel 0161 686 6245

 

The project has been competitively tendered under the Council’s Constitution governing contract procurement in accordance with a mini competition under the Minor Building Works Framework Lot 2. Agreement. The winning tenderer has submitted the most economically advantageous offer which also supports the Council’s objectives of delivering social value on this contract.

 

Contact Officer: Peter Openshaw - Assistant Director (Regulatory and Client Services) Tel. 0161 793 3050                 

 

 

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

 

The appropriate Scrutiny Committees to call-in the decision are Growth and Prosperity Scrutiny Panel and the Overview and Scrutiny Board.

 

 

 

Signed:          Bill Hinds                                     Dated    19 February 2020                                  

                     Lead Member

 

 

 

 

This decision was published on 19 February 2020.

This decision will come in force on26 February 2020 unless it is called-in in accordance with the Decision Making Process Rules.


19/02/2020 - Extension of appointment of 2 project and programme managers ref: 621    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 19/02/2020 - Procurement Board

Decision published: 19/02/2020

Effective from: 27/02/2020

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 the extension of Contract for,

 

(1)    The extension of the appointment of 2 appropriately skilled consultant project and programme managers through the STAR Procurement Framework to provide support in connection with the City Council’s growing workload of grant funded infrastructure projects.  This will be for a 12 month period.

 

(1)       An option to extend the appointments for a further 12 month period, subject to future work load, availability of funding and reaching agreement with the Councils HR team.

as detailed in the table below:

Detail required

Contract Reference

01846493

Title/Description of Contracted Service/Supply/Project

Appointment of 2 project & Programme managers

Name of Contractor

AECOM

Type of organisation

(to be supplied by Corporate Procurement)

Public Limited Company

Status of Organisation

(to be supplied by Corporate Procurement)

SME

Value of Contract Extension

£200,000

Per Annum (estimated average)

Existing Contract Term

04/03/2019

to

04/03/2020

Extension Period Requested

04/03/2020

to

04/03/2021

Contact Officer (Name & number)

Perry Twigg

Lead Service Group

Place

Funding Source

Grant

 

The Reasons are .

 

  • Salford City Council’s Regeneration Team has successfully made submissions for external funding for a range of infrastructure projects through both Growth Deal and the Greater Manchester Mayor’s Cycling and Walking Challenge Fund (MCF) to the value of circa £70 million.

 

  • Salford City Council together with the other districts across Greater Manchester are under pressure from the GMCA to ensure that adequate resources are in place to develop and deliver the MCF projects where funding has been awarded.

 

  • The Regeneration Team in the City Council has inadequate resource to fully meet this demand.

 

Options considered and rejected were .

 

·       That without additional resource, the Council does not have the ability to deliver the infrastructure projects against which it has already secured funding.

 

Assessment of Risk .

·       This is based on the bullet point immediately above, which relate to the council not being able to deliver externally funded projects.

 

The source of funding is .

 

·       The proposal to extend the appointment of 2 programme managers (for a 12 month period) who will be working on projects   which are funded from the Growth deal grant and the Majors challenge fund, allow all costs to be re-claimed on a staged basis from the grant funding body at the Greater Manchester Combined Authority (GMCA).

 

Legal Advice obtained from Tony Hatton- 0161 219 6323

 

Financial Advice obtained from Natalie Birchall – ext 2316

 

Procurement Advice obtained from Christine Flisk – ext  6245

 

HR Advice obtained from Neelum Mahmood – ext 8683

 

Climate Change advice obtained from Mike Hemmingway – ext 3209

 

Contact Officer: Perry Twigg ext 6053

 

 

 

 

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

Report of Strategic Director for Place 19 February 2020 – Extension of appointment of 2 Project and Programme managers through the STAR procurement framework to take a client lead on grant funded infrastructure projects.

Contact Officer:  Perry Twigg                  Tel No ext 6053

 

*         This decision is not subject to consideration by another Lead Member         

 

*         The appropriate scrutiny committee to call-in the decision is the Growth & Prosperity Scrutiny Scrutiny Panel.

 

 

 

 

 

 

 

Signed:          Bill Hinds                                     Dated    19 February 2020                                  

                     Lead Member

 

 

 

This decision was published on 19 February 2020.

This decision will come in force on26 February 2020 unless it is called-in in accordance with the Decision Making Process Rules.


19/02/2020 - Skills and Work Programme ref: 622    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 19/02/2020 - Procurement Board

Decision published: 19/02/2020

Effective from: 27/02/2020

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:

·       Delivers Best Value to The Council 

·       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.

 

Approve the award of selected contracts within the Skills and Work Commissioned programme for the period: 1st April 2020 to 31st March 2021, subject to the confirmation of final budgets for 2020/21.

The individual contracts and budget values are detailed in the Skills and Work Programme report dated 19th February 2020.

The Reasons are:

In September 2016 Procurement Board gave approval to go out to competition for the delivery of services within this proposed programme. Following a competitive tendering process, contracts were awarded to successful providers and delivery commenced on 1st April 2017 on a two year, plus one contract basis. These contracts will be time-expired by the end of March 2020.

 

For value for money reasons and in order to retain service stability it is proposed that selected contracts are extended for a further 12 months, for the period 1st April 2020 to March 31st 2021. The options to extend within the contracts have been exercised and as such they therefore require an exception to contractual standing orders in order to continue into 2020/21.   

 

Options considered and rejected were:

-       Develop new specifications and go out to tender

-       Decommission current services

 

Assessment of Risk:

 

The current Skills and Work programme delivers a suite of targeted services to support local residents to progress in to education, training or work. The programme is also strongly aligned to support the wider outcomes of Early Help and the Helping Families programme.

 

There will be a gap in provision if these services are not continued.

 

 

The source of funding is:

 

These services are funded by the City Council revenue budget (Skills and Work), Section 106 and Troubled Families grant.

 

Legal Advice obtained from:

 

Tony Hatton, Principal Solicitor, Tel. 0161 219 6323

 

Financial Advice obtained from:

 

Chris Mee Strategic Finance Manager,   Ext 0434

 

Procurement Advice obtained from:

Christopher Conway, Procurement Category Manager, Tel 0161 686 6248

 

Climate Change Implications considered: Advice from Michael Hemingway, Principal Officer – Climate Change, Tel: 0161 793 3209  

 

Contact Officer: Alison Burnett                          Tel No: 0161 793 2535

 

*         This matter is also subject to consideration by the Lead Member for Children’s and Young People’s Services and, accordingly, has been referred to that Lead Member / Directors for a briefing.

 

*         The appropriate scrutiny committee to call-in the decision is the Children’s Services Scrutiny Committee and Overview and Scrutiny Board.

 

 

 

Signed:          Bill Hinds                                     Dated    19 February 2020                                  

                     Lead Member

 

 

This decision was published on 19 February 2020.

This decision will come in force on26 February 2020 unless it is called-in in accordance with the Decision Making Process Rules.

 

 


17/02/2020 - Direct award to Salford Foundation for coordination of Learning City work and developing the Women's Project ref: 619    Recommendations Approved

Decision Maker: Lead Member for Children's and Young People's Services Briefing

Made at meeting: 17/02/2020 - Lead Member for Children's and Young People's Services Briefing

Decision published: 17/02/2020

Effective from: 25/02/2020

Decision:

PEOPLE DIRECTORATE

 DELEGATED DECISION NOTICE

 

 

I, Councillor John Merry, Lead Member for Children’s and Young People’s Services, in exercise of the powers conferred on me by the Council’s Constitution, do hereby approve: 

 

an exception to Contractual Standing Orders where the total value of the contract is less than £150,000

 

This information will be used to populate the Corporate Contracts Register

c) an exception to Contractual Standing Orders for one or more of the reasons highlighted below as permitted in the City Council Constitution and awardof the contract for  

 

Detail Required

Title/Description of Contracted Service/Supply/Project

Direct award to Salford Foundation for coordination of Learning City work and developing the Women’s Project

Name of Successful Contractor

Salford Foundation

Supplier Registration Number

Type of organisation

Charitable Trust

Status of Organisation

Non-SME

Contract Value

£25,000

Full Project

Contract Duration

18 months

Contract Start Date

02/03/2020

Contract End Date

31/08/2021

Optional Extension Period 1

 0 months

Optional Extension Period 2

0 months

Who will approve each Extension Period?

Strategic Director (extension < £100k)

Contact Officer (Name & number)

Debbie Blackburn 01616076678/ Angela Arthur Commissioning Manager 01617933408

Lead Service Group

People

How the contract was procured?

Direct award

Framework Details (where applicable)

n/a

Funding Source

External Funding Source (please identify below)

 

Population Health- Learning for Life

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

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

·         Delivers Best Value to The Council

·         Special education, health or social care contracts, if, it is considered in the Council’s 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.

·         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

 

Details

To request an exception to Contractual Standing Orders to approve the award of a contract for Salford Foundation for a Learning City Women’s Project 02.03.20 to 31.08.21, on the basis of the service only being available from one provider and that the contract will deliver Best Value to the Council.

 

Key Council Policies:Under the Live Well strand of the Salford Start Well, Live Well, Age Well Locality Plan; Skills and Work Strategy

 

Equality Impact Assessment and Implications:  Not applicable

 

Assessment of Risk : This is a low cost project which will be delivered by an experienced and equipped, local provider and as such there is a very low risk of it not succeeding.

Legal Implications: Contact officer and telephone number: Tony Hatton, Principal Solicitor, tel. 219 6323

Contact officer and telephone number: Tony Hatton, Principal Solicitor, tel. 219 6323

Date provided: 4.02.20

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

In exceptional circumstances, where CSO’s permit, the Council may dispense with strict compliance of its CSO’s, and the report sets out those reasons for the exception, such as Salford Foundation being a unique provider of the project and them providing value for money, in accordance with  paragraph 3.1 of CSO’s. Whilst exceptions to CSO’s may be authorised by an approval from the Strategic Director, 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.

CSO’s state that where the value of the services to be provided is between £10,000 and £75,000, a minimum of three contractors should provide written quotations for the work. However, due to the specialist, unique nature of the provision of the Learning City project, it is proposed to award directly to Salford Foundation. Any risk of challenge to the appointment is extremely low, particularly bearing in mind the very low value of the commission and the specialist nature of the services.

 

Financial Implications: Contact officer and telephone number: Chris Mee – 778 0434

Date provided: 4th Feb 2020

The source of funding is: Population Health Grant

Expenditure Code: E1690

 

Procurement Implications: Contact officer and telephone number: Christopher Conway, Tel 0161 686 6248

The project has been procured in accordance with Contractual Standing Orders under the Council’s constitution governing contract procurement to award by exception to a single provider due to the speciality of the service required and for Best value reasons as stated in the report.

 

Contact Officers

Debbie Blackburn 01616076678/ Angela Arthur Commissioning Manager 01617933408

 

 

Authorisation

 

Signature

 

Date

 

 

 

Authorisation:

Councillor John Merry, Lead Member for Children’s and Young People’s Services

 

 

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 17.02.20

 

*           This decision will come in force at 4.00 p.m. on 24.02.20 unless it is called-in in accordance with the Decision Making Process Rules.

 

Key:

#    Insert date five days after decision notice is to be published.

 

 

 

 


17/02/2020 - Direct award to The Broughton Trust for Learning City Parental Learning Hub ref: 618    Recommendations Approved

Decision Maker: Lead Member for Children's and Young People's Services Briefing

Made at meeting: 17/02/2020 - Lead Member for Children's and Young People's Services Briefing

Decision published: 17/02/2020

Effective from: 25/02/2020

Decision:

PEOPLE DIRECTORATE

 DELEGATED DECISION NOTICE

 

 

I, Councillor John Merry, Lead Member for Children’s and Young People’s Services, in exercise of the powers conferred on me by the Council’s Constitution, do hereby approve:

 

an exception to Contractual Standing Orders where the total value of the contract is less than £150,000

 

This information will be used to populate the Corporate Contracts Register

 

c) an exception to Contractual Standing Orders for one or more of the reasons highlighted below as permitted in the City Council Constitution and awardof the contract for  

 

Detail Required

Title/Description of Contracted Service/Supply/Project

Direct award to The Broughton Trust for coordination of Learning City work and developing Parental Learning Hub

Name of Successful Contractor

The Broughton Trust

Supplier Registration Number

Type of organisation

Charitable Trust

Status of Organisation

Non-SME

Contract Value

£25,000

Full Project

Contract Duration

18 months

Contract Start Date

02/03/2020

Contract End Date

31/08/2021

Optional Extension Period 1

 0 months

Optional Extension Period 2

0 months

Who will approve each Extension Period?

Strategic Director (extension < £100k)

Contact Officer (Name & number)

Debbie Blackburn 01616076678/ Angela Arthur Commissioning Manager 01617933408

Lead Service Group

People

How the contract was procured?

Direct award

Framework Details (where applicable)

n/a

Funding Source

External Funding Source (please identify below)

 

Population Health- Learning for Life

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

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

·         Delivers Best Value to The Council

·         Special education, health or social care contracts, if, it is considered in the Council’s 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.

·         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

 

Details

To request an exception to Contractual Standing Orders to approve the award of a contract for The Broughton Trust for Learning City Parental Learning Hub from 02.03.20 to 31.08.21, on the basis of the service only being available from one provider and that the contract will deliver Best Value to the Council.

 

Key Council Policies:Under the Live Well strand of the Salford Start Well, Live Well, Age Well Locality Plan; Skills and Work Strategy

 

Equality Impact Assessment and Implications:  Not applicable

 

Assessment of Risk : This is a low cost project which will be delivered by an experienced and equipped, local provider and as such there is a very low risk of it not succeeding.

 

 

Legal Implications: Contact officer and telephone number: Tony Hatton, Principal Solicitor, tel. 219 6323

When commissioning contracts for the procurement of goods, services or works the City Council must comply with the requirements of the Public Contracts Regulations 2015 (PCR), together with its own Contractual Standing Orders (CSO’s), Financial Regulations, and secure Best Value in its purchasing. 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 the values referred to in the report, the Council would usually undertake an exercise to obtain written quotes from three suitably qualified providers on the Chest portal (between £10,000 and £75,000).

 

Whilst exceptions to CSO’s may be authorised by a decision notice from the Strategic Director, as detailed in section 3 of Part 5 of the Constitution there is still a risk of challenge from aggrieved providers if the usual competitive process has not been followed. The risk of challenge increases in tandem with the value and proposed length of the contract. In this instance the award for delivery of the services to the Broughton Trust is for a short term with a very low value.

Reasons for requesting approval for the direct award are set out in the report, namely value for money and providing best value going forward, but also specialist multi-disciplinary service available only from the Broughton Trust.

 

Financial Implications: Contact officer and telephone number: Chris Mee – 778 0434

Date provided: 4th Feb 2020

The source of funding is: Population Health Grant

Expenditure Code: E1690

 

Procurement Implications: Contact officer and telephone number: Christopher Conway, Tel 0161 686 6248

The project has been procured in accordance with Contractual Standing Orders under the Council’s constitution governing contract procurement to award by exception to a single provider due to the speciality of the service required and for Best value reasons as stated in the report.

 

Contact Officers

Debbie Blackburn 01616076678/ Angela Arthur Commissioning Manager 01617933408

 

 

 

 

Authorisation

 

Signature

 

Date

 

 

 

Authorisation:

Councillor John Merry, Lead Member for Children’s and Young People’s Services

 

 

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 17.02.20.

 

*           This decision will come in force at 4.00 p.m. on 24.02.20 unless it is called-in in accordance with the Decision Making Process Rules.

 

Key:

#    Insert date five days after decision notice is to be published.

 

 

 

 


17/02/2020 - Direct award to Research In Practice - children's social work reference and training tool ref: 617    Recommendations Approved

Decision Maker: Lead Member for Children's and Young People's Services Briefing

Made at meeting: 17/02/2020 - Lead Member for Children's and Young People's Services Briefing

Decision published: 17/02/2020

Effective from: 25/02/2020

Decision:

PEOPLE DIRECTORATE

 DELEGATED DECISION NOTICE

 

 

I, Councillor John Merry, Lead Member for Children’s and Young People’s Services, in exercise of the powers conferred on me by the Council’s Constitution, do hereby approve:

 

* Delete below as applicable depending whether this is for:

 

a) an award of contract with a total value of less than £150,000k; or

b) a request to approve a contract extension where provision is made for an extension within the contract and where the value of the contract extension is below £150,000; or

c) an exception to Contractual Standing Orders where the total value of the contract is less than £150,000

 

This information will be used to populate the Corporate Contracts Register

 

c) an exception to Contractual Standing Orders for one or more of the reasons highlighted below as permitted in the City Council Constitution and awardof the contract for (insert title of project/scheme/service or purchase of goods)

 

Detail Required

Title/Description of Contracted Service/Supply/Project

Research In Practice - children’s social work reference and training tool

Name of Successful Contractor

The Dartington Hall Trust t/a Research In Practice

Supplier Registration Number

1485560

Type of organisation

Registered Charity

Status of Organisation

Non-SME

Contract Value

£21,564

Full Project

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?

Not applicable

Contact Officer (Name & number)

Chris Rourke, Workforce Development Manager, 0161 607 7074 /  Steve Titley Commissioning Manager 0161 793 2435

Lead Service Group

People

How the contract was procured?

Direct Award

Framework Details (where applicable)

Not applicable

Funding Source

Revenue Budget

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

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

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

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

 

Details

To request an exception to Contractual Standing Orders to approve the award of a contract for the Research In Practice (RIP) Service from 01.04.20 to 31.03.22, on the basis of there being an integrated or strategic approach to procurement and also value for money reasons for awarding the contract.

 

Key Council Policies:  CSD Children’s Services Workforce Strategy.

 

Equality Impact Assessment and Implications:  Not applicable

 

Assessment of Risk 

Not taking up the RIP offer would mean losing the opportunity to benefit from and fully exploit a tailored, unique and value for money service that is up skilling social service colleagues to better serve vulnerable children and young people and their families.

 

Legal Implications

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 an exercise to obtain quotes from three suitably qualified providers.

 

However in exceptional circumstances where the Council’s Contractual Standing Orders permit, the Council may dispense with strict compliance of its CSO’s, and the report sets out the reasons for the request for the exception, such as the bespoke and specialist nature of the Consortium-negotiated service, arising from  a collaborative and strategic approach. Whilst exceptions to CSO’s may be authorised by an approval from the Strategic Director or Procurement Board (depending on the value of the contract), there is still a risk of challenge from aggrieved providers if the usual tender/quotation 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 very low value, and a very tight time scale. Accordingly the risk of any such challenge may be regarded as extremely low.

Contact officer and telephone number: Tony Hatton, Principal Solicitor 0161 219 6323.

Date provided: 16.01.20

 

Financial Implications

The cost of this contract can be met from within the existing Children’s Services revenue budget for Specialist Services

 

The source of funding is: Children’s Services Core Revenue Budget;

Expenditure Code: S2680

Contact officer and telephone number: Chris Mee – Strategic Finance Manager 0161 7780434.

 

Date provided: 16.01.20

 

Procurement Implications

There is always a risk that any direct award of a contract, if made outside of the full competitive processes, could be subject to challenge by an aggrieved supplier on the basis that it ought to have been advertised and put out to competition. This risk cannot be eliminated.  This risk increases in tandem with the value and term of the contract.  I evaluate the risk of challenge to this decision to be low.

 

Additionally the suppliers in this market for this type of system / online resource tool is limited.  The Council also has a requirement to ensure that it has adequate resources in place to train and support professional staff development.  Therefore, the risks associated with not approving this exception must be balanced against the risk of not having appropriate support mechanisms in place, which would not be in the best interests of the Council.

 

Strategic Directors in consultation with the Lead Member are authorised to approve an exception to Contractual Standing Orders for any contract with a value below £150k.

Contact officer and telephone number: Emma Heyes, Category Manager 0161 686 6243.

Date Provided 16.01.20

 

Contact Officer

 

 Steve Titley                                            Tel No.      01617932435

 

 

 

Authorisation

 

Signature

 

Date

 

 

 

Authorisation:

Councillor John Merry, Lead Member for Children’s and Young People’s Services

 

 

 

 

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 17.02.20

 

*           This decision will come in force at 4.00 p.m. on 24.02.20 unless it is called-in in accordance with the Decision Making Process Rules.

 

Key:

#    Insert date five days after decision notice is to be published.