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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

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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.

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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

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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;

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• 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)

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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

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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

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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?

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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

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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

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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