Legionella Prevention Control and Risk Management Services
Renfrewshire Council · 9 February 2023
Back to Finance, Resources and Customer Services Policy Board — 9 February 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
___________________________________________________________________ To: Finance, Resources and Customer Service Policy Board On: 9th February 2023 ___________________________________________________________________ Report by: The Chief Executive and the Director of Environment and Infrastructure ___________________________________________________________________ Heading: Contract Award: Legionella Prevention, Control and Risk Management Services ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to seek the approval of the Finance, Resources and Customer Services Policy Board to award a Services Contract for Legionella Prevention, Control and Risk Management Services (RC-CPU-21- 056) to Rock Compliance Limited. 1.2 The recommendation to award the Contract follows a procurement exercise conducted in accordance with the Public Contracts (Scotland) Regulations 2015 and the Council’s Standing Orders Relating to Contracts for an above Threshold Services Contract using the Open Tender Procedure. 1.3 A Contract Strategy was prepared by the Corporate Procurement Unit and approved by the Director of Environment and Infrastructure and the Strategic Commercial and Procurement Manager on 20th October 2022. ___________________________________________________________________ 2. Recommendations It is recommended that the Finance, Resources and Customer Services Policy Board:
Page 2
2.1 Authorise the Head of Corporate Governance to award a Contract for Legionella Prevention, Control and Risk Management Services to Rock Compliance Limited; 2.2 Authorise a maximum contract value of up to £700,000 excluding VAT. The anticipated annual value of this contract has been assessed as £140,000.00 excluding VAT; 2.3 Note the initial contract period of three years with the Council having the option to extend the service period for up to 12 months on two separate occasions, subject to contract performance. The anticipated commencement date is 10th March 2023. The actual date will be confirmed in the Council’s Letter of Acceptance to Rock Compliance Limited; and 2.4 Note the award of this Contract is subject to the provision of a Non-Disclosure Agreement as indicated within the tender documentation. _________________________________________________________ 3. Background 3.1 The Council as an employer and in control of premises, has a duty under the Health and Safety at Work etc Act 1974 (the HSW Act) and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) to manage the risk of Legionella occurring within premises by having in place a robust management and prevention regime. This Contract is for the appointment of a qualified and experienced Contractor for the provision of a Legionella Prevention, Control and Risk Management Service. 3.2 This Contract was tendered as a SBCC Measured Term Contract for use in Scotland 2011, MTC/Scot (2011 Edition) incorporating the Employers Amendments and this type of contract has no guarantee of the value of the spend as this will depend on the Orders issued by the Council. The anticipated annual value of this Contract based on historic spend has been assessed as £140,000 excluding VAT. The maximum spend over the five year period was estimated as £700,000 excluding VAT based on £140,000 excluding VAT annually. 3.3 To initiate this procurement process a contract notice was published on Find a Tender on 25th October 2022 with the tender documentation available for downloading from the Public Contract Scotland-Tender platform from this date. 3.4 During the live tender period, nineteen organisations expressed an interest in this opportunity. By the closing date (Tender Deadline) set for the return of electronic tender submissions, 12 noon on 25th November 2022, five organisations submitted a tender response, four organisations declined, and ten organisations failed to respond.
Page 3
3.5 As part of their Tender Submission, Tenderers each completed and returned the Single Procurement Document (SPD) . Those completed SPD submissions were then evaluated against a pre-determined set of criteria by representatives from Environment and Infrastructure, the Corporate Procurement Unit, Corporate Risk and Corporate Health and Safety. One Tenderer was excluded from the process as their submission failed to meet a mandatory selection requirement within the SPD. As a result, their bid was not considered further. 3.6 The four Tenderers that met the minimum selection criteria progressed to evaluation against the published award criteria of 70% price and 30% quality. 3.7 The scores relative to the award criteria for each of the remaining four tender submissions are noted below: Price (70%) Quality (30%) Total (100%) 1 Rock Compliance Limited 70.00% 27.50% 97.50% 2 Envirocure Limited 65.85% 23.75% 89.60% 3 Integrated Water Services Limited 53.97% 21.29% 75.26% 4 GMS Services Limited 39.40% 21.93% 61.33% 3.8 The evaluation of tender submissions received identified that the tender submission by Rock Compliance Limited was the most economically advantageous tender. 3.9 This Contract is funded from the Environment and Infrastructure Public Buildings Repair budget. 3.10 Community Benefits were requested as part of the procurement process and Rock Compliance Limited has committed to the following: Community Benefit Description No of People / Activity Job for an unemployed individual 2 Work Experience Placement for an individual 16+ years of age 3 Industry Awareness Events 2 Industry Skill Transfer to Schools 1 ___________________________________________________________________
Page 4
Implications of the Report 1. Financial – The cost for this contract will be met through the Environment and Infrastructures Public Buildings Repair budget. 2. HR & Organisational Development – No TUPE implications. 3. Community/Council Planning – • Our Renfrewshire is fair - Tenderers were assessed within this procurement process in regard to their approach to ensuring fair working practices throughout their organisation and supply chain i.e. payment of the living wage, training and development opportunities. • Creating a sustainable Renfrewshire for all to enjoy – Rock Compliance Limited has committed to deliver Community Benefits as detailed within section 3.10 of this report. • Providing good quality services - Tenderers were assessed within this procurement process in regard to their technical ability to ensure the services provided were of a good quality standard. 4. Legal - The procurement of this Services Contract has been conducted as an above Threshold Open Procedure in accordance with the Public Contracts (Scotland) Regulations 2015 and Renfrewshire Council’s Standing Orders Relating to Contracts. 5. Property/Assets - This contract will ensure that the Council’s assets are properly maintained and safe for public use in regard to the risks posed by Legionella. 6. Information Technology – No Information Technology implications are anticipated. 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report.
Page 5
8. Health & Safety – Rock Compliance Limited’s health and safety credentials were evaluated by Corporate Health and Safety and met the Council’s minimum requirements regarding health and safety. 9. Procurement - The procurement procedure outlined within this report ensures that the Council meets its statutory requirements in respect of procurement procedures, efficiency and modern Government. 10. Risk – Rock Compliance Limited’s insurances have been assessed and evaluated to confirm that they meet the Council’s minimum requirements regarding insurable risk. 11. Privacy Impact – The award of this Contract is subject to the provision of a Non-Disclosure Agreement as indicated within the tender documentation. 12. Cosla Policy Position – No Cosla Policy Position implications have arisen or are anticipated. 13. Climate Risk – The level of impact associated with provision of these works has been assessed using the Scottish Government Sustainability Test. • Carbon – Vehicle Emissions – Vehicles will be routinely used for the delivery of supplies and resources to the sites. The Contractor will consider the pollution from their vehicles when working on site and to switch off the engine when not using to prevent unnecessary emissions. • Hazardous Materials/Emissions - Legionella is a water borne bacteria that can be present in the water supply and distribution systems of buildings. The Contractor will carry out the services in compliance with various legislation including but not limited to: BS 8580-1:2019: Water quality – Risk assessments for Legionella control – Code of practice to comply with ACoP L8, COSHH and HSW Act. The Contractor is required to transport and analyse water samples in a UKAS accredited laboratory in accordance with BS 7592 Sampling for Legionella organisms in water and related materials and ACoP L8, most up to date edition, to achieve statutory compliance. • Bio – Security - Illnesses caused by exposure to the Legionella bacteria can be potentially fatal. The Contractor will carry out, as requested, cleaning and disinfection of Cold Water Storage Tanks (CWST) in accordance with Health and Safety at Work etc Act 1974 (the HSW act), Control of Substances Hazardous to health Regulations 2002 (COSHH), PD 855468:2015 and Approved Code of Practice and Guidance (ACoP L8) – Legionnaires’ Disease, most up to date editions, to achieve statutory compliance. ________________________________________________________________
Page 6
Author: Kerri-Anne Ben Ammar, Senior Procurement Specialist, Corporate Procurement Unit, kerri-anne.benammar@renfrewshire.gov.uk