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Contract Award for Supply & Distribution of Frozen Foods 2022-2026

North Lanarkshire Council · 14 September 2022
Back to Finance and Resources Committee — 14 September 2022 and its agenda

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North Lanarkshire Council
Report
Finance and Resources Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref: JB/LB  Date 14/09/22 
Contract Award for 
Supply & Distribution of Frozen Foods 2022-2026 
From  James McKinstry, Head of Asset and Procurement Solutions 
E-mail mckinstryj@northlan.gov.uk  Telephone 07939 281102 
Executive Summary 
Executive Director Approval was provided (in accordance with General Contracts Standing
Orders 21.3.2) to expedite the contract award for the Supply & Distribution of Frozen Foods
to Brake Bros Ltd.  
The Contract was awarded for an initial period of 4 years with an option to extend for a
period of 2 months. The contract award value is £8,340,000 exclusive of VAT. 
Recommendations 
Finance and Resources Committee are advised of:  
(1) the award of a Contract to Brake Bros Ltd for a period of 4 years with option to extend
for a period of 2 months 
(2) Scotland Excel Supply & Distribution of Frozen Foods (1120) framework was used as
the procurement route. A direct award, conducted in conformance with the framework
conditions, was made to Brake Bros Ltd following evaluation of all framework
contractors. 
(3) the contract with Brake Bros Ltd represented the best value proposal available to the
Council in terms of the combined evaluation of price and quality criteria.   
The Plan for North Lanarkshire
Priority  Improve the health and wellbeing of our communities
Ambition statement (5) Grow and improve the sustainability and diversity of North
Lanarkshire's economy

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1. Background 
1.1. The National Framework for Frozen Foods was established by Scotland Excel on
behalf of member local authorities and went live 1 April 2022. 
1.2. Contractors appointed to the framework indicated their ‘ability to serve’ the various
geographic areas within Scotland; 3 contractors indicated the ability to serve North
Lanarkshire. 
1.3. The framework supports Scottish Government policies:
• Increased nursery hours to 1140, nursery pupils free school meals
• Free school meals to all pupils P1-P5.
• Roll out of free school meals to P6 & P7 circa 2023. 
2. Report 
2.1. Facility Support Services (“FSS”) collaborated with Scotland Excel to establish the
latest Frozen Foods framework. Officers supported review of technical specifications,
trading processes, assessment of market conditions and trends. 
2.2. The resultant framework was used by the Council to contract the Supply & Distribution
of Frozen Foods. 
2.3. In conformance with the framework conditions, a benchmarking exercise was
conducted using the terms and rates submitted by the 3 contractors appointed to the
framework that had the ability to serve North Lanarkshire. 
2.4. Evaluation was completed in April 2022 identifying Brake Bros Ltd as the best value
Contractor for the Council’s requirements. Executive Director approval was sought in
accordance with General Contract Standing Orders 21.3.2. to expedite the contract
award process. 
2.5. The contract commenced 08/08/2022. 
2.6. Officers from FSS will be responsible for managing the Contract which will be
undertaken in accordance with the Council’s agreed approach to contract and supplier
management. 
2.7. The Council will liaise with Brake Bros Ltd to secure Community Benefits in line with
the framework conditions. 
Fair Work First 
2.8. Within the framework evaluation, Fair Work First questions were evaluated. 
Equalities 
2.9. The original procurement procedure to establish the framework was setup to exclude
any tenderer where a complaint had been upheld after investigation by the Equality and
Human Rights commission or its predecessors and a failure to take remedial action.

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3. Measures of success 
3.1       Successful Supply and Distribution of Frozen Foods throughout North Lanarkshire. 
3.2       Compliance with Nutritional Requirements for Food & Drink in Schools (Scotland)        
Regulations 2020. 
4. Supporting documentation 
N/A 
James McKinstry
Head of Asset & Procurement Solutions

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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 value of the Contract is £8,340,000.00 exclusive of VAT including any option to
extend the Contract. The Council does not warrant or guarantee the amount of the
annual or total value of the Contract, these amounts are indicative only. 
The costs associated with contract delivery will be contained within the revenue
budget for FSS. 
Price Savings / Increases 
Prices have increased by 0.043% from previous tender. However due to global factors
price increases are expected. These are managed through Scotland Excel.  
Rebate applies if spend is above £500,000 per annum of 0.5%. The rebate does not
apply to the first £500,000 spend. 
Price Stability 
The prices will remain fixed for the first 6 months of the contract per the framework
conditions.
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? 
Brakes Bros are committed to the reduction of packaging and plastic.  
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? 
Mechanisms exist in the contract to allow for any ad-hoc price increases to be
reviewed due to external market factors.