Democracy Spraffa

Negotiated Tender Procedure - Ventilation Works

North Lanarkshire Council · 29 August 2022
Back to Enterprise, Growth and Fair Work Committee — 29 August 2022 and its agenda

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North Lanarkshire Council
Report 
Does this report require to be approved? ☐ Yes  ☒ No
Ref Ventilation NTP Date 29/08/22 
From Brian Lafferty, Head of Business (Housing Property and Projects) 
E-mail  starbucks@northlan.gov.uk Telephone Siobhan Starbuck -Contract
Support Manager via MS Teams
Executive Summary 
Committee is asked to acknowledge the actions of the Deputy Chief Executive to award a
Negotiated Tender to Mears LLP for Ventilation Works to provide and improve ventilation
in schools to reduce the likelihood of Covid transmission. 
The Contract commenced in November 2021 for approximately 45 weeks. 
The Value of the Contract is up to one Million Four Hundred Thousand Pounds
(£1,400.000.00) exclusive of VAT.
Recommendations
It is recommended that Committee acknowledges the actions of the Deputy Chief Executive
to award a Negotiated Tender to Mears LLP. 
The Plan for North Lanarkshire
Priority Improve the health and wellbeing of our communities
Ambition statement (14) Ensure the highest standards of public protection
1. Background 
1.1 Due to the COVID requirements relating to improving and providing well ventilated
areas in schools and in accordance with Scottish Government Guidance, as part of a
wider programme of works being implemented across the Education Estate, there is a
requirement to improve the ventilation across all schools. This is being delivered in a
number of ways, in particular the repair, installation and upgrading of mechanical
ventilation and skylights, and in the repair, renewal and replacement of defective and
inoperable windows to ensure that there is appropriate ventilation in all educational
settings to reduce the likelihood of COVID transmission.
1.2 The Scottish Government provided additional funding to assist with these essential
works.
Enterprise, Growth and Fair Work Committee
Ventilation Works - Negotiated Tender Procedure

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1.3 This is a stand-alone exercise and therefore there is no incumbent contractor for the
works. 
2. Report 
2.1 Due to the ongoing Health and Safety concerns surrounding Covid-19 the contract
award recommendation was made based on the urgency of the requirement.
A negotiated Tender procedure was carried out with the current partnership contractor
(Mears LLP) to mobilise with immediate effect. 
2.2 The value of the Contract is approximately £1,000.000.00 
Price Savings / Increases 
2.3 The pricing is fixed for the duration of the contract. 
Contract Strategy 
2.4 Officers from Housing Property and Projects will be responsible for managing the
Contract which will be undertaken in accordance with the Council’s agreed approach
to contract and supplier management. 
3. Measures of success 
It is anticipated that the award of the Contract will deliver the following successful
outcomes: 
3.1 the works will improve the safety and wellbeing within schools 
3.2 the appointment of a Service Provider who has the experience and capability to deliver
an innovative, high quality and responsive service; 
3.3 the procurement procedure is compliant with procurement legislation and internal
procedures; 
3.4 that Best Value is both demonstrable and achieved; and 
4. Supporting documentation 
N/A 
Brian Lafferty
Head of Business (Housing Property and Projects)

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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? 
This Contract will work towards improving outcomes for people and
communities by
assisting the Council to reduce inequalities of outcomes caused by socio-
economic
disadvantage. 
The Council will continue to carry out equality impact assessments to
determine if
policies, practices, decisions, functions and strategies identify any negative
impact on
any particular group covered by the protected characteristics of the Equality
Act 2010.
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 cost associated with contract delivery will be contained within Capital budget
with the assistance of additional funding from the Scottish Government.
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? 
N/A
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 ☐

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If Yes, please provide a brief summary of the impact? 
As this is a Negotiated Tender Procedure engagement with colleagues in with Legal
and Democratic Solutions was sought to provide advice around the risks of
proceeding to award without undertaking a competitive procurement procedure.
Risks include the possibility of a challenge to the award decision, however, due to
the health and safety aspect of this contract the decision was taken to proceed with
the contract award.
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? 
N/A
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? 
N/A
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? 
N/A
5.9 Risk impact   
Is there a risk impact? 
Yes ☒ No ☐

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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? 
Risks associated with legal proceedings exist if the award decision is formally
challenged, however, risk surrounding health and safety concerns existed if the
contract was not awarded.
The service risk register has a specific risk in relation to managing building
compliance. This risk has adequate controls in place and is monitored and updated
on a monthly basis.