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New Housing Supply Programme - Procurement Report

North Lanarkshire Council · 15 February 2023
Back to Housing Committee — 15 February 2023 and its agenda

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North Lanarkshire Council
Report
Housing Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref  PH/TM Date 15/02/23 
New Housing Supply Programme – Procurement Report 
From  Pamela Humphries, Chief Officer of Place  
E-mail mallaghant@northlan.gov.uk Telephone
Tony Mallaghan, Housing
Development Manager,
07970 016251 
Executive Summary 
The purpose of this report is to update the Committee on current procurement activity
relating to the new build housing programme and seek approval to progress procurement
arrangements as outlined in the report. 
Recommendations
It is recommended that the Committee: 
1) Note the award of a call off contract in line with the Scotland Excel New Build
Residential Framework for the construction of new build housing to CCG
(Scotland) Limited at Brandon Street, Motherwell up to the revised value of
£11.527M, including contingency allowance. 
2) Approve the change to the procurement route to mini competition via the Scottish 
Procurement Alliance (SPA) H2 Framework for the projects at King Street,
Wishaw, Graham Street, Wishaw and Laburnum Road, Viewpark, if best value
cannot be achieved through the current direct award procurement process. 
The Plan for North Lanarkshire
Priority  Improve economic opportunities and outcomes
Ambition statement (1) Ensure a housing mix that supports social inclusion and
economic growth

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1. Background 
1.1 The Council has an approved programme to deliver 5,000 new homes by 2035. The
delivery of such a large scale programme presents a number of challenges, not least
of which is the procurement of contractors to build the houses to the required standard,
within the timescale required and at a competitive cost. In order to increase the pace
of delivery, secure best value and minimise risk to the Council, a range of procurement
options have been utilised. 
1.2 The Council has also participated in the establishment of a new build framework
agreement through Scotland Excel, which has been available for use from August
2019. This framework agreement is for the delivery of new build housing projects for
Scottish local authorities, housing associations and other public bodies and includes a
number of lots covering different geographical areas and different sized developments. 
1.3 The Housing and Regeneration Committee on the 25 November 2020 approved the
procurement route for the next phase of the new build programme to commence
procurement activity with the Scottish Procurement Alliance (SPA) and Scotland Excel
New Build Residential framework to deliver the next phase of new build sites approved
by the Committee. As reported at the Housing and Regeneration Committee on the 8
September 2021, due to the current capacity issues in the market we intend to utilise
the ability in the SPA and Scotland Excel Frameworks to direct award to available
contractors, including to contractors who are not highest ranking. Justification for the
identification of a contractor can be made by complying with the direct award criteria
listed in the respective frameworks, with a contract award being subject to value for
money assessment against the framework rates. A benchmarking appraisal was
carried out for each project and is identified in each project’s Sourcing Methodology. 
2. Report 
2.1  The Housing and Regeneration Committee in November 2021 approved the
procurement of a call off contract in line with the Scotland Excel New Build Residential
Framework for the construction of new build housing by CCG (Scotland) Ltd at Brandon
Street, Motherwell (48 units), up to the value of £9.67M, including contingency
allowance. CCG (Scotland) Ltd submitted a revised cost of £11.527M, including
contingency allowance.  The tender cost obtained is considered to represent best value
and the rates have been benchmarked against the appropriate framework rates with
an allowance for current market conditions, to allow the contract award to be made. 
The award of a call off contract has been approved under General Contract Standing
orders (section 21.3.2). 
2.2 Approval has been obtained from previous Committees for a direct award approach for
projects at King Street, Wishaw; Graham Street, Wishaw and Laburnum Road,
Viewpark. The feasibility costs obtained are not considered to represent best value and
a value engineering exercise is currently underway.  However, if it is not possible to
agree a final tender price to allow the contract awards to proceed, it is proposed to
change the procurement to a mini competition via the Scotland Procurement Alliance
(SPA) H2 Framework. 
Next Steps 
2.3 The next batch of sites will be reviewed, and a suitable procurement route will be
identified to progress these projects to deliver new build housing to align with the Plan
for North Lanarkshire.

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Price Savings / Increases 
2.4 There are no cashable savings attributed to the contracts outlined within this report. 
Price Stability 
2.5 The pricing mechanism is a Priced Contract with Activity Schedule offering a good level
of cost certainty. 
Community Benefits 
2.6 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.  The successful tenderer for contracts
recommended for award within this report have committed to delivering a range of
community benefits and these are detailed in the table below: 
Brandon Street, Motherwell
OUTCOME  No of Mandatory
Outcomes
New Job for an Apprentice from a
Priority group
1
New Job for an Individual from a
priority group
2
Work Experience Placement (16+
Years of Age)
5
Educational Visits 4
Financial Support for a Community
Project
3
Non Financial Support for a
Community Project
3
TOTAL 18 
Fair Work Practices 
2.7 All contractors appointed to the SPA and Scotland Excel frameworks have evidenced
Fair Work Practices within their organisations as part of the procurement procedures
to be appointed to the respective frameworks and have further demonstrated how they
will promote them in the delivery of Council call-off contracts. 
Contract Strategy 
2.8 Officers from New Supply will be responsible for managing contracts which will be
undertaken in accordance with the council’s agreed approach to contract and supplier
management.

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3. Measures of success 
3.1  The proposed contract awards detailed within this report will deliver the following
outcomes: 
a) The appointment of Contractors who have the experience and capability to deliver new
build social housing;   
b) The procurement procedure is compliant with the procurement legislation and internal
procedures; 
c) That best value is both demonstrable and achieved; 
d) That the Contract secures a range of community benefits; 
e) That the Contract supports payment of the real Living Wage to staff employed in the
delivery of the Contract; 
f) That the Contract performance is proactively managed against a number of Key
Performance Indicators.   
4. Supporting documentation 
Appendix 1 Summary of Procurement Procedures
Appendix 2 SME Status of all Tenderers 
Pamela Humphries
Chief Officer of Place

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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 Council’s new build programme helps reduce inequalities through a number of
design specifications including: 
• Housing for Varying Needs;
• Secure by Design;
• Achieving the Scottish Government requirements for “Greener Homes”
to reduce the incidence of fuel Poverty; and
• The inclusion of design standards relating to access to internet
capabilities including ‘fibre to the property’. 
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? 
The funding for all of the projects referred to in this report can be met from the
Council’s Housing Revenue Account budget for the New Supply Programme. Grant
support is also provided by the Scottish Government. The costs associated with
contract delivery will be contained within the New Supply budget.   
A funding application has been submitted to the Scottish Government Scottish
Heat Network Fund to assist with the costs of the Ground Source Heat Pump
system at Motherwell YMCA and 303 Brandon Street. 
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?

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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? 
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)? 
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 proposed award of contracts detailed within this report will ensure that the impact
on the Council’s carbon footprint is mitigated. The specifications incorporated within
the contract documentation will: deliver reduced energy need; encourage
sustainable construction; promote health and wellbeing; reduce waste and resources
through effective storage, collection and composting of waste and recyclable
materials and; include measures which will reduce CO2 emissions. 
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?
The implementation and delivery of the New Supply programme will be promoted
through the New Supply PR plan and via communications with elected members and
local stakeholders

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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? 
Risk associated with the New Supply Programme is managed within the New Supply
Risk Register process. The risk register has been updated to reflect the impact of
the current national issues affecting the costs and availability of materials and labour
along with general high inflation on programme timescales and costs as well as how
the risk to the council will be mitigated as far as possible. The tender cost increases
over the past 12 months are on average 16% to 20% and this trend of tender price
increases will extend into 2023 excluding the additional changes to legislation and
meeting Scottish Government energy targets. Comparing similar sized projects the
tender costs over past 18 months are on average 25% higher. 
The council will also undertake detailed ground investigation and other relevant site
assessments prior to proceeding with the development of any particular site to help
mitigate the risk of unforeseen costs relating to ground conditions, although this risk
cannot be eliminated entirely. 
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 Procedures 
Construction of New Build Social Housing at Brandon Street, Motherwell 
Procurement Title Contractor Design and Construction of New Build
Social Housing at Brandon Street, Motherwell
Estimated contract start date February 2023 – June 2024
Initial Contract Period  15 months
Contract Defects Period  12 months
Estimated Total Contract value £11,527,045 (£11,027,045 + £500,000)
Contract Reference Number NLC- SLP-22-067
Contract Notice Reference Not Applicable
Date Contract Notice Published  Not Applicable
Governing UK Regulation Public Procurement Regulations (Scotland) 2015
Procurement Procedure  Direct Award from a 3rd Party Framework
Evaluation approach adopted N/A
Interest List – number of
Contractors that downloaded
the procurement documents
from the procurement portal
N/A
Number of selection stage
documents received N/A
Number of Contractors invited
to tender 1
Number of tenders received  1
Number of non-compliant
tenders 0
Number of compliant tenders 1
Number of recommended
contractors 1
Basis of contract award Quality 40% Price 60%
Evaluation team names and job
titles of Evaluators and their
role in evaluation
New Supply

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Appendix 2 SME Status of all Tenderers 
Project Tenderers Name
Size of Tendering
Organisation
(Micro, Small,
Medium or Large)
Location
(Local
Authority /
Council
Area)
Brandon Street, Motherwell CCG (Scotland) Ltd Large South
Lanarkshire