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
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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.