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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

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___________________________________________________________________
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:

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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.

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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 
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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.

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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.
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Author:           Kerri-Anne Ben Ammar, Senior Procurement Specialist, Corporate
Procurement Unit, kerri-anne.benammar@renfrewshire.gov.uk