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Contract Award for the Supply and Distribution of Milk 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 the Supply and Distribution of Milk 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 and Distribution of Milk (the
‘Contract’) to Muller UK and Ireland Group LLP T/A Muller Milk & Ingredients. 
The Contract was awarded for an initial period of 4 years with an option to extend for a
period of 6 months. The contract award value is £2,431,836 exclusive of VAT. 
Recommendations 
Finance and Resources Committee are advised of:  
(1) the award of a Contract to Muller Milk & Ingredients for a period of 4 years with an
option to extend for a period of 6 months 
(2) Scotland Excels Supply & Distribution of Milk (Lot 1: Ref: 05/21) was used as the
procurement route. A direct award, in conformance with the framework conditions, was
made to Muller Milk & Ingredients. 
The Plan for North Lanarkshire
Priority  Improve the health and wellbeing of our communities
Ambition statement (15) Encourage the health and wellbeing of people through a range
of social, cultural, and leisure activities

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1 Background 
1.1 The National Framework for Milk was established by Scotland Excel on behalf of
member local authorities and went live 1st March 2022. 
1.2 The framework supports Scottish Government policies:
• Increased nursery hours to 1140 and introduction of Scottish Milk (Aug 21) and
Healthy Snack scheme where all nursery pupils receive a free milk.
• Proposal from Scottish Government to introduce free milk to all Primary pupils
within same timeframe as P6 & P7 free schools meals roll out. 
1.3 In determining the Council requirements for Milk, a volume of 5% has been added to
estimated usage to account for supplies for Culture and Leisure hospitality who were
not included in previous years figures. 
2 Report 
2.1 Facility Support Services (“FSS”) collaborated with Scotland Excel to establish the
latest Milk framework. Officers supported a 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 and
Distribution of Milk. 
2.3 In conformance with the framework conditions, a direct award procedure was used. 
2.4 Evaluation was completed in March 2022. 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 28/03/2022. 
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 Muller Milk & Ingredients 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 
• Healthier alternative available to school pupils.
• Successful supply and distribution of milk throughout North Lanarkshire.
• Compliance with Scottish Milk and Healthy Snack Scheme (Scotland) Regulation
2021.
• 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 £2,431,836.00 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 2.02% from previous tender and the overall discount has
reduced by 1% to 14%.  Rebate applies if spend breaches £400,000 per annum of
0.25%. The rebate does not apply to the first £400,000 spend. 
Price Stability
The prices will remain fixed for the first 12 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? 
The 2 litre milk cartons are recyclable and should be picked up through trade waste. 
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.