Contract Award for Pantomime Production at Motherwell Theatre (to follow report)
North Lanarkshire Council · 6 February 2023
Back to Communities Committee — 6 February 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
North Lanarkshire Council Report Communities Does this report require to be approved? ☒ Yes ☐ No Ref: NLC-CPT-21-129 Date: 27 January 2023 Contract Award for Pantomime Production at Motherwell Theatre From Janie O’Neill E-mail Oneillaj@NorthLan.gov.uk Telephone 01236 812336 Executive Summary Committee is asked to approve the award of a contract for Pantomime Production at Motherwell Theatre (the ‘Contract’). The Contract is for an initial period of 36 months anticipated to commence on 1st March 2023. The Council reserves the right to extend the Contract for additional periods up to a maximum of a further 24 months. The value of the Contract shall not exceed one million, five hundred and sixty four thousand, one hundred and sixty eight Pounds forty three pence Sterling (£1,564,168.43) exclusive of VAT Recommendations It is recommended that Committee approves the award of the Contract to Spillers Pantomimes Limited at the maximum value of one million, five hundred and sixty four thousand, one hundred and sixty eight Pounds forty three pence Sterling (£1,564,168.43) exclusive of VAT This recommendation follows the completion of a competitive procurement procedure, where the tender recommended for award has been evaluated as providing the most economically advantageous tender in terms of cost and quality for the Council. The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition Statement (4) Market and promote North Lanarkshire as the place to live, learn, work, invest, and visit 1. Background 1.1 The most recent requirements for pantomime production were contracted to Spillers Pantomimes Limited; the contract expired on 08 January 2023.
Page 2
1.2 This report covers the re-procurement of the pantomime production following a competitive tender exercise. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract dictated that the procurement procedure be undertaken in accordance with the Public Contracts (Scotland) Regulations 2015. An advert for the contract opportunity was published on the Public Contracts Scotland and the UK Find a Tender (FTS) website. 2.3 The procurement procedure was undertaken as a “Restricted Procedure” and was split in to two stages: • stage 1 – Invitation to Participate (selection); and • stage 2 – Invitation to Tender (award). 2.3.1 Based on the criteria and scoring methodology set out in the invitation to participate and invitation to tender packages, an evaluation of the responses within each stage was completed by members identified by the UIG. 2.3.2 To reduce the number of otherwise qualified candidates, five (5) requests to participate (stage 1) received were evaluated in the first instance with four (4) candidates invited to tender (stage 2). One bidder failed the minimum Staf 1 (Selection Stage – financial requirements). 2.4 The Contract award recommendation is made on the basis of the tenderer who submitted the most economically advantageous tender. 2.5 The tender submitted by Spillers Pantomimes Limited has been evaluated as representing the most economically advantageous tender for this Contract. 2.6 Appendix 1 confirms the scoring achieved by each tenderer. Further details of the procurement procedure are provided in Appendix 2 and the SME status and location of all tenderers is located within Appendix 3. 2.7 The value of the Contract one million, five hundred and sixty-four thousand, one hundred and sixty-eight Pounds forty three pence Sterling (£1,564,168.43) exclusive of VAT including any option to extend the Contract. 2.8 The costs associated with contract delivery will be contained within the Revenue budget for Communities Price Savings / Increases 2.9 n/a
Page 3
Price Stability 2.10 The agreed pricing model for this Contract is to have a share of the Ticket Sales. Based on the recommended tenderer, the proposed arrangement to split revenue from the sale of tickets 32.36% to the Council] and 67.64% to Spillers Pantomimes Limited. (% figures based on average over the 5 years as each year has a slight variance). It estimated that the Contract value based on this approach is £1,564,168.43. Note that ticket prices will increase year on year to meet increased operating costs. Community Benefits 2.11.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement, this approach is designed to deliver local community benefits where possible. 2.11.2 Within their tender Spillers Pantomimes Limited committed to deliver the following community benefits within the Contract: Community Benefit Type Quantity Committed New Job for an Individual from a Priority Group (Part Time) 3 New Job for a Graduate not from a Priority Group (Part Time) 1 Work Experience Placement for an individual aged 14 to 16 years of age 1 Work Experience Placement for an individual 16+ years of age 1 2.11.3 The community benefits delivered as part of the Contract includes the creation of jobs or apprenticeships. Fair Work First 2.12 Within their tender submission, Spillers Pantomimes Limited advised that they will commit to the following areas of the Scottish Governments “Fair Work First” initiative: • The recommended tenderer will be employing people for a period of approx. 10 weeks each year. These people would therefore all be on a ‘Short Term contract’ with a fixed end date; • Trade Union Recognition and other appropriate channels for effective voice: o Most of the recommended tenderer’s employees, the actors and dancers are registered as being members of ‘Equity’ the acting Trade Union. The recommended tenderer has indicated that they will actively invite a Scottish National Union Official to come along during the first week of the pantomime to meet with his member and discuss any issues they may have. This meeting is open to all members and non-Union members and is held in a private room for those that wish to attend. • The recommended tenderer has indicated that in all levels of employment, from Senior Management down to the crew working on the floor all employees are treated equally, managed and handled with the same due care and respect; • As a policy the recommended tenderer does not use Zero Hours contracts;
Page 4
• The recommended tenderer offers jobs to people irrespective of their gender, race or political standing and the fee for the job is the fee for the job; • The recommended tenderer employees get paid at least the ‘Real Living Wage’; and • Regards to supply chain, wherever possible, the recommended tenderer will use suppliers that are adhering to the ‘Government’s Fair Work first ’initiative. Contract Strategy 2.13 Officers from Active and Creative Communities will be responsible for managing the Contract which will be undertaken in accordance with the Councils agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes: 3.1 Ensuring the performance always takes place and will require to have backup plans for sickness and any equipment issues, such as understudy roles; back up IT equipment and ensure the Council are informed immediately of any major issues, likely to impact the production. b) The recommended tenderer achieves the milestones in relation to Cast appointments, scripts and technical information are met with the same level of quality throughout season both technically and artistically; and that costumes and scenery are of high professional quality and are appropriate to the size of Motherwell Theatre stage. 4. Supporting documents Appendix 1 Summary of Tender Evaluation Process Appendix 2 Summary of Procurement Process Appendix 3 SME Status and Location of All Tenderers Janie O’Neill Chief Officer of Education (South)
Page 5
5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-scotland- duty-impact-assessments Yes ☐ No ☐ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The agreed pricing model for this Contract is to have a share of the Ticket Sales. Based on the recommended tenderer, the proposed arrangement to split revenue from the sale of tickets 32.36% to the Council and 67.64% to Spillers Pantomimes Limited. The % value shown is the average over the 5 years as each year’s figure has some variations. It estimated that the Contract value based on this approach is £1,564,168.43. Note that ticket prices will increase year on year to meet increased operating costs. 5.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal Impact
Page 6
Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications Impact
Page 7
Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Marketing team will engage with Motherwell Theatre management to create a promotional plan. This is nothing out of the norm and will not increase annual requirements on this product. 5.9 Risk Impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed?
Page 8
Appendix 1 – Summary of Tender Evaluation Process Final Rank Tenderer Name Total Tender Score (%) Recommended for Contract Award (Y / N) 1 Spillers Pantomimes Limited 87.30 Y 2 Jendagi Productions Limited 86.29 N 3 Imagine Theatre Limited 82.60 N 4 Polka Dot Pantomimes 65.20 N
Page 9
Appendix 2 – Summary of Procurement Process Response Procurement Procedure Utilised: Restricted Procedure Governing Legislation / Regulations: The Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 30 May 2022 Date Contract Notice Published: 29 June 2022 SME % of Expressions of Interest: 100% NLC Based % of Expressions of Interest: 0% Request to Participate (RTP) Return Deadline: 02 August 2022 Number of RTP’s Received: 5 RTP’s Received from SME’s: 5 RTP’s Received from NLC Based Candidates: 0 Number of Candidates Invited to Tender: 4 Tender Return Deadline: 31 October 2022 Number of Tenders Received: 4 Where Only One Tender Is Received, Why?: n/a Tenders Received from SME’s: 4 Tenders Received from NLC Based Tenderers: 0 Number of Non−compliant Tenders: 0 Number of Compliant Tenders: 4 Number of Recommended Tenderers: 1 Basis of Contract Award: Quality: 70 Price: 30 Evaluation Team: Staff from Communities & Corporate Procurement Anticipated Contract Start Date: 01 March 2019 Total Contract Period (Months): 60 Maximum Total Contract Value: £1,564,168.43
Page 10
Appendix 3 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Imagine Theatre Ltd Small Coventry Jendagi Productions Ltd Small Glasgow Polka Dot Pantomimes Micro Peterborough Spillers Pantomimes Ltd Micro Hadleigh