Contract Award - Greenspace Development Framework
North Lanarkshire Council · 18 November 2022
Back to Enterprise and Fair Work Committee — 18 November 2022 and its agenda
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North Lanarkshire Council Report Enterprise and Fair Work Committee Does this report require to be approved? ☒ Yes ☐ No Ref: NLC-CPT-21-142 Date: 18 November 2022 Contract Award for Greenspace Development Framework From Pamela Humphries, Head of Planning and Regeneration E-mail humphriesp@northlan.gov.uk Telephone Stuart Hodge, Project Development Manager – 07583 091571 Executive Summary Committee is asked to approve the award of the Greenspace Development Framework Agreement (the “Framework Agreement”) to Project Centre Limited. The Framework Agreement is for an initial period of 24 months anticipated to commence on 09 January 2023. The Council reserves the right to extend the Framework Agreement for additional periods up to a maximum of a further 24 months. The value of the Framework Agreement shall not exceed Five Million Pounds Sterling (£5,000,000) exclusive of VAT. Recommendations It is recommended that Committee approves the award of the Framework Agreement to Project Centre Limited at the maximum value of Five Million Pounds Sterling (£5,000,000) exclusive of VAT. This recommendation follows the completion of a 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 the health and wellbeing of our communities Ambition Statement (16) Transform our natural environment to support wellbeing and inward investment and enhance it for current and future generations
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1. Background 1.1 The Council has an ambitious plan for North Lanarkshire to become the place to live, learn, work, invest and visit. The Plan for North Lanarkshire sets an ambition for the area’s town centres and communities to become ‘multi-functional connected places which maximise social, economic and environmental opportunities. This ambition guides much of the work of the Council’s Planning and Regeneration service, including the Planning Team (in its enabling and regulatory functions) and the Growth Team, which was established in early 2019 to lead on delivering place-based regeneration, including bringing vacant and derelict land back into use and delivering improved green and industrial infrastructure. 1.2 The Growth Team is responsible for securing external funding to help deliver on these objectives and has identified a number of key national funding streams which may support low carbon and other ‘greening’ projects across North Lanarkshire. It does not however have the key skills to develop fundable projects and manage their delivery in-house therefore an external consultant is required to be appointed to assist in delivering the Councils ambition to bring vacant and derelict land back into use and delivering improved green and industrial infrastructure. 1.3 The consultant appointed to the Framework Agreement will be expected to identify and secure a level of external funding for projects whilst also taking concept designs for identified projects and develop these to a detailed level. Thereafter, the appointed consultant will be required to ensure tender documentation is developed to allow a procurement process to be undertaken. The consultant will be expected to manage the procurement and tender evaluation process and will appoint contractors to deliver projects and manage them throughout the contract process through to final completion whilst liaising with the council during all the relevant stages. 1.4 Additional services within the Framework Agreement required to be delivered by the consultant also include (but not limited to) site investigations required on projects identified by the Council and to engage with community groups linked to each project, or to identify potential active groups that may take on ownership and management of each identified sites. Additionally, the appointed consultant will develop ideas and concepts with community groups and with the Growth Team or other council services. 1.5 The requirements of the Framework Agreement have never been contracted before by the Council therefore historical contract information is not available. 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 Framework Agreement. 2.2 The initial estimated value of the Framework Agreement dictated that the procurement procedure be undertaken in accordance with the Public Contracts (Scotland) Regulations 2015. An advert for the framework agreement opportunity was published on the Public Contracts Scotland and the UK Find a Tender (FTS) website.
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2.3 The procurement procedure was undertaken as an “Open Procedure” Based on the evaluation criteria and scoring methodology set out in the invitation to tender package within the procurement procedure, an evaluation of tender responses was completed by members identified by the UIG. Selection stage responses were assessed first and compliant tenderers that satisfied / declared that they met the published minimum selection stage criteria progressed to the award stage evaluation. Following identification of the recommended tenderer(s), their selection stage responses were assessed in more detail to ensure they satisfied the minimum selection stage criteria applied. 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 Project Centre Limited has been evaluated as representing the most economically advantageous tender for this Framework Agreement. 2.6 Appendix 1 confirms the scoring achieved by each tenderer, further details of the procurement procedure is provided in Appendix 2 and the SME status and location of all tenderers is located within Appendix 3. 2.7 The maximum value of the Framework Agreement is Five Million Pounds Sterling (£5,000,000) exclusive of VAT including any option to extend the Framework Agreement. 2.8 The costs associated with contract delivery will be contained within the capital budget for Planning and Regeneration. Price Savings / Increases 2.9 Price Savings / Increases could not be calculated as this is the first time the Council has procured services in this manner. Additionally, procuring the requirements as a framework agreement as opposed to a contract, the Council is not obligated to guarantee the recommended tenderer any level of business throughout the entire term of the Framework Agreement. Price Stability 2.10 The Consultant “% Rates” submitted within the procurement shall remain fixed and unchangeable for entire duration of the Framework Agreement. Following the initial 24-month period of the Framework Agreement, the Consultants “Day Rates” may be subject to review. This review under no circumstances will introduce price increases greater than the latest / current value (%) as determined by the National Retail Price Index at time of a request. For the purpose of clarity the National Retail Price Index to be used when apply price increases will be based on the RPI All Items: Percentage change over 12 months as published by the Office of National Statistics.
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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, Project Centre Limited committed to delivering a range of community benefits within the Framework Agreement as outlined in the table below (Subject to points 2.11.3 and 2.11.4):- Community Benefit Type Quantity Committed New Job for an Individual not from a Priority Group (Full Time) 2 Educational Visits 4 Educational Workplace Visit 4 Work Experience Placement for an individual aged 14 to 16 years of age 2 Work Experience Placement for an individual 16+ years of age 2 2.11.3 The exact details of any community benefits will however be dependent upon the value of any contract awarded. 2.11.4 Furthermore, there is no automatic guarantee of work via the Framework. Fair Work First 2.12 Within their tender submission, Project Centre Limited advised that they will commit to the following areas of the Scottish Governments “Fair Work First” initiative: • Appropriate channels for effective voice; • No inappropriate use of zero hour contracts; • Action to tackle the gender pay gap and create a more diverse and inclusive workplace through their Women’s Leadership and Development Network and Equality, Diversion and Inclusion Group; • Offering flexible and family friendly working practices for all workers from day one of employment; • Payment of the real Living Wage; and • Investment in workforce development. Contract Strategy 2.13 Officers from the Growth Team, Planning and Regeneration will be responsible for managing the Framework Agreement which will be undertaken in accordance with the Council's agreed approach to contract and supplier management. 3. Measures of success The Framework Agreement will deliver the following outcomes;
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3.1 the appointment of a Consultant who has the experience and capability to deliver an innovative, high quality and responsive service; 3.2 the contract award procedure is compliant with the procurement legislation and internal procedures; 3.3 that best value is both demonstrable and achieved; 3.4 that the Framework Agreement secures a range of community benefits; 3.5 that the Framework Agreement supports payment of the living wage to staff employed in the delivery of the Framework Agreement; and 3.6 that the Framework Agreement performance is proactively managed against a number of Key Performance Indicators. 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 Pamela Humphries Head of Planning and Regeneration
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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? The report is not about a key strategic decision and not subject to the Fairer Scotland Duty. 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 maximum value of the Framework Agreement is £5,000,000.00 exclusive of VAT including any option to extend the Framework Agreement. The Council does not warrant or guarantee the amount of the total value of the Framework Agreement, this amount is indicative only. The costs associated with contract delivery will be contained within the capital budget for Planning and Regeneration. 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?
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5.4 Legal Impact 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?
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5.8 Communications Impact 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? 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? A contract specific risk register is contained within the Contract Strategy and will be managed by the service throughout the lifecycle of the Framework Agreement.
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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 Project Centre Limited 87.60% Y 2 LUC (Land Use Consultants) 77.77% N 3 Rankinfraser Landscape Architecture 77.69% N 4 RSK Environment Limited 75.73% N 5 Ironside Farrar Limited 71.10% N
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Appendix 2 – Summary of Procurement Process Response Procurement Procedure Utilised: Open Procedure Governing Legislation / Regulations: Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 12 July 2022 Date Contract Notice Published: 13 July 2022 Total Expressions of Interest Received: 32 SME % of Expressions of Interest: 37.9% NLC Based % of Expressions of Interest: 3.4% Tender Return Deadline: 17 August 2022 Number of Tenders Received: 6 Tenders Received from SME’s: 4 Tenders Received from NLC Based Tenderers: 0 Number of Non−compliant Tenders: 0 Tenders Excluded at Selection Stage: 1 Number of Compliant Tenders: 5 Number of Recommended Tenderers: 1 Basis of Contract Award: Quality: 70% Price: 30% Evaluation Team: Staff from Planning and Regeneration Anticipated Contract Start Date: 09 January 2023 Total Contract Period (Months): 48 Maximum Total Contract Value: £5,000,000
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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) Arcadis Consulting (UK) Limited Large Edinburgh Ironside Farrar Limited SME Edinburgh Land Use Consultants (LUC) SME Glasgow Project Centre Limited SME Edinburgh Rankinfraser Landscape Architecture LLP SME Edinburgh RSK Environment Limited Large Glasgow