Contract Award for the Provision of Landfill Consultancy Services
North Lanarkshire Council · 24 August 2022
Back to Environment and Place Committee — 24 August 2022 and its agenda
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref: NLC-SLP-22-024 Date: 24 August 2022 Contract Award for the Provision of Landfill Consultancy Services From Andrew McPherson, Head of Regulatory Services and Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary The Committee is asked to approve the award of a contract for the provision of Landfill Consultancy Services (the ‘Contract’) to RPS Consulting Services Limited. The Contract is for an initial period of 36 months anticipated to commence on 12 September 2022. The Council reserves the right to extend the Contract for additional periods up to a maximum of a further 24 months in two 12-month periods. The value of the Contract shall not exceed Nine Hundred Thousand Pounds Sterling (£900,000.00) exclusive of VAT. Recommendations It is recommended that Committee approves the award of the Contract to RPS Consulting Services Limited at the maximum value of Nine Hundred Thousand Pounds Sterling (£900,000). This recommendation follows the completion of a “Direct Award” procurement procedure using the Scotland Excel Engineering and Technical Consultancy Framework (0820), Lot 3 – Environmental Engineering (the “Framework”). The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive
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1. Background 1.1 The requirements within the Contract are currently under contract with RPS Consulting Services Limited. This contract is due to expire on 09 September 2022 with the Contract detailed within this report due to supersede this. 1.2 North Lanarkshire Council are responsible for four (4) closed landfill sites which require ongoing aftercare management. The sites are: • Auchinlea Landfill Site in accordance with a Pollution, Prevention and Control Permit PPC/A/1000113; • Dalmacoulter Closed Landfill Site in accordance with a Waste Management License (WML) WML/W/20069; • Hopepark Closed Landfill Site in accordance with a Waste Management License WML/W/00066 & WML/W/20159; and • Brownsburn/Target closed Landfill Sites in accordance with a Controlled Activities Regulation CAR/L/1091594-RN. 1.3 The Council operated Auchinlea Landfill site under Pollution Prevention and Control permit, (PPC), PPC/A/1000113 (as varied) dated 12 March 2008. Auchinlea Landfill site was permitted to accept non-hazardous, commercial, industrial and inert wastes. The site has now ceased accepting wastes. Capping and restoration of all phases has been completed. 1.4 The daily operation of Auchinlea Landfill site incorporates various operations including, but not limited to the following, namely: • Surface water management including on site treatment facility; • Leachate management; • Landfill gas management system including energy generation (subcontracted); • Landfill gas temporary flaring system including landfill gas balancing; • Infrastructure management and maintenance; and • Environmental monitoring. 1.5 The Council does not have personnel in attendance at the site and therefore the daily management of the site is provided externally. As a result of the Contract, RPS Consulting Services Limited shall be required to provide all services to maintain and ensure compliance with the site’s Pollution, Prevention and Control (PPC) permit including, but not limited to, advice, guidance and analytical knowledge in order to present recommendations to the nominated Council officers, who for the purposes of compliance with the PPC permit, shall have overall responsibility for the effective control of the site.
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1.6 For the Four (4) closed landfill sites the Council have responsibility for, RPS Consulting Services Limited shall provide a proficient management and consultancy service for these sites which requires excellent and concise communication between themselves and the representative(s) of the Pollution Prevention and Control Permit Operator / COTC competent person(s). 1.7 RPS Consulting Services Limited shall also be required to respond efficiently and effectively to any requirements the Scottish Environment Protection Agency (SEPA) request/instruct and that of any other external statutory agencies. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract and the identified procurement procedure dictated that the procurement procedure be undertaken in accordance with the Procurement (Scotland) Regulations 2016. 2.3 The procurement procedure was undertaken as a “Direct Award” from the Framework. The Contract award recommendation is made on the basis of the following instruction within the Framework: • “Previous performance of the Supplier on similar Work Orders instructed by the Purchaser, and • previous related work or services carried out by the Supplier.” Further details of the procurement procedure is provided in Appendix 1 and the SME status and location of the tenderer is located within Appendix 2. 2.4 In establishing this Contract, the Council will achieve continuity of service provision, with no impact or disruption to wider service delivery. 2.5 The value of the Contract shall not exceed Nine Hundred Thousand Pounds Sterling (£900,000.00) exclusive of VAT including all extension options available. 2.6 The costs associated with contract delivery will be contained within the revenue budgets for Waste Solutions. Price Savings / Increases 2.7 The prices submitted by RPS Consulting Services Limited are those agreed within the Framework. It is envisaged that the Council could achieve soft benefits given RPS Consulting Services Limited’s experience and knowledge of working across the Council’s landfill sites.
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Price Stability 2.8 Prices submitted by RPS Consulting Services Limited shall be firm for the duration of the Contract, including any optional extension years. Community Benefits 2.9.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement as per the terms of the Framework. This approach is designed to deliver local community benefits where possible. 2.9.2 Within their Tender, RPS Consulting Services Limited committed to deliver the following community benefits within the Contract: • Supply Chain and SME Engagement • Community Consultation • Education Support • Local Sponsorships 2.9.3 The community benefits delivered as part of the Contract does not include the creation of jobs or apprenticeships. Fair Work First 2.10 In their tender submission for appointment to the Framework, RPS Consulting Services Limited confirmed that they pay the Living Wage to all employees and are also an accredited Living Wage Employer. Contract Strategy 2.11 Officers from Regulatory Services and Waste Solutions 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 The Contract will deliver the following outcomes; 3.1 The appointment of a Consultant who can meet the Council’s requirements and has the experience and knowledge of working across the Council’s landfill sites that will deliver the minimum delivery targets within this Contract. 3.2 The contract award procedure is compliant with the procurement legislation, Scotland Excel Framework Terms & Conditions and internal procedures. 3.3 That best value is both demonstrable and achieved.
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3.4 That the Contract secures a range of community benefits. 4. Supporting documents Appendix 1 Summary of Procurement Process Appendix 2 SME Status and Location of All Tenderers Andrew McPherson Head of Head of Regulatory Services and Waste 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? 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? All costs associated with the contract shall be met from within the existing revenue budget of Regulatory Services and Waste Solutions. 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? Delivery of this contract will fulfil the statutory obligations on the Council relevant to the four closed landfill sites. 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 ☐
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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? Remit of the consultants extends to the gas production from Auchinlea landfill and how best to maximise this. Also will be working on a more passive leachate and surface water management project for Auchinlea landfill which will see the leachate and surface water being treated onsite prior to being discharged into the water course. 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? Low risk associated with this procurement.
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Appendix 1 – Summary of Procurement Process Response Procurement Procedure Utilised: Direct Award Governing Legislation / Regulations: Procurement (Scotland) Regulations 2016 Date Contract Strategy Approved: 06 July 2022 Number of Companies Invited to Take Part: 1 Tender Return Deadline: 21 July 2022 Number of Tenders Received: 1 Where Only One Tender Is Received, Why?: Direct Award Procurement Procedure Tenders Received from SME’s: 0 Tenders Received from NLC Based Tenderers: 0 Number of Recommended Tenderers: 1 Evaluation Team: Members of Regulatory Services and Waste Solutions Anticipated Contract Start Date: 12 September 2022 Total Contract Period (Months): 36 + 12 + 12 Maximum Total Contract Value: £900,000.00
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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) RPS Consulting Services Limited Large Oxfordshire