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Enterprise Project - Contract Award for Technical and Commercial Advisory Services

North Lanarkshire Council · 24 May 2023
Back to Finance and Resources Committee — 24 May 2023 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: NLC-NTP-22-135 Date: 24 May 2023 
Enterprise Project – Contract award for technical and commercial
advisory services 
From  James McKinstry, Chief Officer (Assets and Procurement) 
E-mail mckinstryj@northlan.gov.uk  Telephone: via Microsoft Teams 
Executive Summary 
Committee is asked to acknowledge the award of a contract for technical and commercial advisory
services to Optimum Professional Solutions Limited (the ‘Contract’). 
The Contract was awarded via a Negotiated Tendering Procedure in accordance with General
Contract Standing Order 9 (GCSO 9), this report explains the circumstances justifying the use of
GCSO 9. 
The Contract is for an initial period of 6 months and commenced February 2023. The Council
reserves the right to extend the Contract for a further period or periods of up to 14 months.  The
maximum contract period being 20 months. 
The value of the Contract shall not exceed four hundred and forty thousand Pounds Sterling
(£440,000) exclusive of VAT. 
Recommendations 
It is recommended that the Finance & Resources Committee:
(1)  acknowledge the award of the Contract to Optimum Professional Solutions Limited, following
the completion of a Negotiated Tender Procedure in accordance with GCSO 9 at the
maximum value of four hundred and forty thousand Pounds Sterling (£440,000) exclusive of
VAT. 
The Plan for North Lanarkshire 
Priority All priorities 
Ambition Statement (24) Review and design services around people, communities, and shared
resources

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1. Background 
1.1 The Council’s existing strategic partnerships for Housing & Corporate Maintenance Services
and Roads & Infrastructure Maintenance Services expire in January 2024 and June 2024
respectively. The delivery of the successor contracts are the principal components of the first
phase of the Enterprise Project. 
1.2 Optimum Professional Solutions Limited was commissioned in June 2022 to provide support
to the procurement of the new Roads & Infrastructure Maintenance & Improvement Services
contract, the estimated value of the commission was £50,000. It quickly became apparent
that the level of support, in terms of scope and value, required from Optimum Professional
Solutions Limited would exceed the original estimate. 
1.3 The original contract value was reached in January 2023 and a range of technical and
commercial supports from Optimum Professional Solutions Limited continue to be required
to support the procurements for Roads & Infrastructure Maintenance & Improvement
Services and Housing and Corporate Maintenance and Investment Services. 
1.4 The Contract makes provision for: 
a. finalisation of the overall commercial strategy/tactics for the new service provision in
terms of the desired commercial emphasis, approach to risk, pricing options/payment
mechanisms and incentivisation (including the extension approach); 
b. developing the performance regime(s), including the drafting of a strategic maturity matrix
(including pricing maturity) and appropriate KPIs; 
c. proposing a service credit (deductions) model(s); 
d. drafting the pricing and price evaluation models and associated pricing submission
templates; 
e. appraising and proposing the inflationary indices/indexation approach(es) to be used; 
f. ensuring the selected approaches in bullet points a - e above, provide evidence to
demonstrate VFM; and 
g. providing wider ad hoc advice and input including linking the commercial considerations
into legal/contract advice provided by the other project advisors. 
2. Report 
2.1 The estimated value of the Contract dictated that the procurement procedure be undertaken
in accordance with the Public Contracts (Scotland) Regulations 2015. 
2.2 The procurement procedure was undertaken as a “Negotiated Tender Procedure” (NTP) in
accordance with GCSO 9 and Regulation 33 of the Public Contracts (Scotland) Regulations

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2015. Following advice provided by the Corporate Procurement Team on behalf of the Chief
Officer (Assets and Procurement) and the Chief Officer (Legal & Democratic), the Chief
Officer (Assets and Procurement) approved the progression of the NTP to directly award the
Contract to Optimum Professional Solutions Limited on 18 January 2023. 
2.3 Use of the Negotiated Tender Procedure in accordance with GCSO 9 is justified as: 
a) the Council requirements relate specifically to the technical and commercial expertise
required to ensure successful outcomes for Enterprise Project related procurements.
Availability of organisations with these skills are scarce in the marketplace and
challenging to secure. Optimum Professional Solutions Limited has experience of
providing similar services and delivering successful outcomes at other local authorities
across the UK. The Project Team is not aware of any other organisation that can provide
the requisite technical and commercial skills within the required timescales; and 
b) the service area and the Project Team share the view that it is in the Councils best interest
to contract with Optimum Professional Solutions Limited and that no reasonable
alternative exists.  Should the Council decide not to contract with Optimum Professional
Solutions Limited, this would create undesirable duplication of work and adversely impact
on project timelines, ultimately putting the delivery of essential services at risk. 
2.4 The total maximum value of the Contract is four hundred and forty thousand Pounds Sterling
(£440,000) exclusive of VAT including any option to extend the Contract: 
a) costs associated with the provision of support for the Roads & Infrastructure Maintenance
& Improvement Services contract are estimated as £260,000 (including the original
£50,000 commission) and will be met from the existing service area budget; and 
b) costs associated with the provision of support for the Housing and Corporate
Maintenance and Investment Services contract are estimated as £180,000 and will be
met from the agreed Enterprise Project budget. 
2.5 Further details of the procurement procedure is provided in Appendix 1 and the SME status
and location of the service provider is located within Appendix 2. 
Price Savings / Increases 
2.6 The day rates in the Contract are competitive when compared with other Enterprise Project
commissions. The Contract does not facilitate financial savings nor make provision for price
increases. 
Price Stability 
2.7 The Contract is based on a number of day rates (excluding VAT and expenses) which are
fixed for the duration of the Contract. 
Community Benefits 
2.8 Given the nature of services required and the procurement procedure adopted, the
procurement did not include a community benefit requirement.

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Fair Work First  
2.9 The Contract will deliver against “Fair Work First” practices, including payment of the real
Living Wage. 
Contract Management 
2.10 Officers from the relevant service area will manage the aspects of the Contract relating to the
Roads & Infrastructure Maintenance & Improvement Services procurement, the Core Project
Team will manage aspects of the Contract relating to the Housing and Corporate
Maintenance and Investment Services procurement.  Management of the Contract will be
undertaken in accordance with the Councils agreed approach to contract and supplier
management. 
3. Measures of success 
3.1 The Contract will inform commercial and technical aspects of the new contracts for Roads &
Infrastructure Maintenance & Improvement Services and Housing and Corporate
Maintenance and Investment Services. 
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 
James McKinstry
Chief Officer (Assets & Procurement)

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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 Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
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
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
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? 
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 significant technology change, has an
assessment been carried out (or is scheduled to be carried out) by the Enterprise
Architecture Governance Group (EAGG)?

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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 
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? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does
it relate to healthcare, housing, or education services for in-Service or ex-Service
personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to ensure
there has been appropriate consideration of the particular needs of the Armed Forces
community to make sure that they do not face disadvantage compared to other citizens in
the provision of public services.

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Appendix 1 – Summary of Procurement Process 
Response
CPT Contract Reference Allocated: NLC-NTP-22-135
Tender Platform Utilised: Other
Procurement Procedure Utilised: Negotiated Tender Procedure (NTP)
Governing Legislation / Regulations: Public Contracts (Scotland) Regulations
2015
Date Contract Strategy / NTP Approved: 18 January 2023
Date Tender Documents Released: N/A
SME % of Expressions of Interest: N/A
NLC Based % of Expressions of Interest: N/A
Tender Return Deadline: N/A
Number of Tenders Received: 1
Tenders Received from SME’s: 1
Tenders Received from NLC Based Tenderers:  0
Number of Recommended Tenderers: 1
Assessment Team: Enterprise Project Team
Anticipated Contract Start Date: 01 February 2023
Total Contract Period (Months): Maximum of 20 months
Maximum Total Contract Value: £440,000

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Appendix 2 – SME Status and location of all Tenderers 
Name of Tenderer
Size of Tendering
Organisation
(Micro, Small,
Medium or Large)
Location
(Local Authority /
Council Area)
Optimum Professional Solutions Limited Micro Preston City Council