Decision No: CAB131 - 01/2009

 

Forward Plan No: RW03296

This record relates to A12 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

 

19/01/2009  

 

 

DECISION-MAKER:

THE CABINET  

PORTFOLIO AREA:

Resources and Workforce Planning  

SUBJECT:

Procurement Framework for Building Contract Services Repair Works  

AUTHOR:

John Spiers  

 

 

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
(i) To approve the use of the Fusion 21 OJEU compliant framework agreement for a period of four years commencing January 2009.
(ii) To delegate authority to the Head of Property and Procurement to approve the use of this framework agreement for other property related work.
(iii) To delegate authority to the Head of Property and Procurement, after consultation with, the Head of Decent Homes to finalise negotiations with Fusion 21 and authorise the formation of a contract with a single primary supplier on the Fusion 21 framework.
 

 

REASONS FOR THE DECISION

1. To ensure that BCS and PMS have a legally compliant procurement contract in place addressing a significant proportion of their spend. The forecast spend will be in the region of £500,000 to £1,000,000 depending upon BCS/PMS workload and availability of appropriately skilled staff.
2. To put in place an agreement where the Council can use a primary supplier with responsibility for managing a number of secondary suppliers with the requisite skills to complement the range of activities conducted by BCS/PMS. BCS/PMS Co-ordinators will have responsibility for managing transactional processes between BCS/PMS and the primary supplier as well as quality audits.
3. To ensure that the Council has in place an agreement that provides the required level of response time and customer liaison.
4. To increase the options the Council has in terms of legally compliant property procurement frameworks which can be used by the Council.
5. To assist social and economic regeneration through the involvement of Small and Medium Enterprises (SME’s) in the supply chain as subcontractors and suppliers to the principal Contractor on the Fusion21 framework where they can demonstrate that they can meet the required quality standards and value for money. The companies in the Fustion21 framework were appointed on several key criteria including their commitment to working with each local authority on progressing the Council’s social and economic agenda.
6. To aid social and economic benefits such as training unemployed people through the payment of a 1% levy.
7. The Fusion 21 framework will be quick to introduce, taking approximately one month to introduce from the date of any Council decision.
8. It will reduce the number of procurement exercises and will therefore save the Council money.
9.The schedule of rates provided will provide a benchmark for BCS/PMS own costs.
10.Most of the tendered rates to be used have already been competitively obtained and assessed by Fusion 21.
 

 

DETAILS OF ANY ALTERNATIVE OPTIONS

1. The Council could procure its own framework agreements for either a primary contractor or individual contractors for each of the skill requirements through a competitive tendering process managed by the Council. However, this would be expensive to procure and in the case of individual tenders for the various skills this would be difficult to tender due to the difficulty in making volume commitments due to the nature of the work. Furthermore, this process would take a considerable amount of time and without any guarantee that the tendered rates would be competitive.
2. Do nothing – this option is not viable because the existing dispersed arrangements for the purchase of construction services are not considered compliant with EU procurement regulations or the council’s own Contract Procedure Rules and do not demonstrate value for money.




 

 

OTHER RELEVANT MATTERS CONCERNING THE DECISION

 

 

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

 

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

19/01/2009

The Cabinet

 

Proper Officer:

 

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

20 January 2009 to 27 January 2009

Date of Call-in (if applicable) (this suspends implementation)

 

Call-in Procedure completed (if applicable)

 

Call-in heard by (if applicable)

 

Results of Call-in (if applicable)