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Item 08 - Contract Authorisation Report - School Transport Session 2023-2024

West Dunbartonshire Council · 27 September 2023
Back to Educational Services Committee — 27 September 2023 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by the Chief Education Officer
Education Committee: 27 September 2023
Subject: Contract Authorisation Report - School Transport Session 2023/2024
1. Purpose
1.1 The purpose of this report is to inform members of the arrangements for school
transport for session 2023/24, and the use of delegated authority taken through
the provision of standing orders and financial regulations by the Chief Education
Officer in the awarding of contracts in June 2023. 
2. Recommendations
2.1 It is recommended that the Education Committee:
a) Note that the Chief Education Officer in liaison with Strathclyde Partnership
for Transport (SPT) on behalf of West Dunbartonshire Council, concluded the
award of the provision of mainstream school transport contracts from August
2023 as detailed in appendix 1;
b) Note that the contracts shall be for a maximum period of 1 year and at the
cumulative value of £474,373 per annum (ex VAT);
c) Note that work to award contracts took place during the period of statutory
consultation in regards to the proposed change in free school transport
policy, which Educational Services committee agreed not to implement in July
2023;
d) Note that due to operational procedures and timescales, the Authority
required to notify SPT to proceed with necessary arrangements to ensure
school transport provision was in place for the start of the new school term.
As this was out with the timescale of reporting to committee, it required the
use of delegated authority through the financial regulations Q8 1c);
e) Note that of the 15 contracts advertised, bids were not received for 4
contracts. On discussion with the industry, there has been a reduction in the
availability of services and contractors, and that contractors were reluctant to
bid for contracts should there have been a change in policy by the Council.
SPT re-advertised the contracts and forwarded recommendations.
f) Note the Chief Education Officer in liaison with SPT will award any further
contracts for and during school term 2023/2024 for contracts not exceeding
£50,000.
ITEM 8

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3. Background
3.1 Strathclyde Partnership for Transport (SPT) makes the necessary arrangements
in liaison with West Dunbartonshire Council to procure all mainstream school
transport contracts.
3.2 The procurement exercise was conducted on the Council’s behalf by SPT under
their Dynamic Purchasing System which offers open access to suppliers and
enables the Council to take advantage of supplier competition and capacity. The
procurement was carried out in accordance with the Public Procurement
Regulations. 
3.3 At West Dunbartonshire Council’s meeting of 21 December 2022, a proposed
change for the school transport policy and provision in West Dunbartonshire was
approved by elected members, subject to the outcome of a statutory
consultation.  Members of the Education Services Committee approved the
launch of a statutory consultation on the proposal at its meeting in March 2023.
The outcome of the statutory consultation was considered at a special Education
Services Committee on 7th July 2023, where it was decided not to make any
changes to the school transport policy.
3.4  Members will be aware that:
a) Contracts for sums not exceeding £50,000 may be awarded by the
appropriate Chief Education Officer following appropriate procurement
processes; and
b) Contracts for sums exceeding £50,000 require to be notified to Members for
approval.
3.5 The outcome of the procurement exercise conducted by SPT was given to West
Dunbartonshire during the period of the statutory consultation. To ensure that
elected members were not taking any decisions on school transport during this
period, steps were taken to ensure provision of school transport for the session
2023/24 by the Chief Education Officer and Chief Officer: Regulatory through the
financial regulations Q8 1c) which state:
Q8 Application of and Departure from the Requirements of these Financial
Regulations 
1. These Financial Regulations will apply to all contracts for works, supplies and
services except in the following circumstances:
c. Where in the express and written opinion of i) the Section 95 Officer, or ii) the
Strategic Lead – Regulatory, the application of the Financial Regulations would
be such as to impose a financial, reputational or legal penalty upon the Council
or may significantly impede the Council in the performance of its statutory duties
such that it would be perverse to strictly apply these Financial Regulations.
3.6 As contracts are aggregated for Public Procurement Regulations they have been
reported here regardless of their individual values.

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4. Main Issues
4.1 Tender submissions were evaluated by representatives from SPT (as laid down
in West Dunbartonshire Council’s mainstream school transport agency
agreement) against pre-determined selection criteria forming part of the
published tender documents which assessed contingency planning, presentation
and livery and social benefit.  Three tender submissions passed the selection
criteria.
4.2 Lists of contracts are appended showing those for sums exceeding £50,000 for
Members noting (Appendix 1).
4.3 The contracts awarded are for a 12 month period and include dedicated vehicle
provision and service bus passes. Where dedicated contracts are approved, all
vehicles must be fitted with seatbelts. The total annual value of the contracts
recommended as listed at appendix 1 is £474,373 (exc VAT) which represents
an increase of £114,258 compared to the contract cost in the previous year. The
value of contracts where a public service provision is used is £185,193. It should
be noted that children and young people with an under 22 travel pass would not
require West Dunbartonshire Council to also provide a bus pass to access this
public service provision.
4.4 The award of contracts will be subject to meeting the terms and conditions as
stated in the Conditions of Contract.
4.5 10% of the available quality marks (20% weighting overall) were attributed to
social benefits and this will be explored further with the appointed contractors
under the terms of the contract and in consultation with SPT.
5. People Implications
5.1 There are no people implications related to this report.
6. Financial and Procurement Implications
6.1  Financial:
6.1.1 Financial costs in respect of these particular contracts will be met from the
approved revenue budgets of Education, Learning and Attainment. As noted in
4.4 above, there will be an overall increase in annual cost of £114,258 for the
recommended contracts as referenced in appendix 1. At the budget setting
exercise each year anticipated costs are determined by our understanding of
expected market fluctuations, however this year has seen a marked rise in
transport costs and reduction in bids and operators out with our prediction.
6.1.2 In discussion with contractors to better understand their increase in costs, they
cited increase in licence fees, vehicle costs, maintenance, insurance, fuel and

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administrative overheads, along with a need for a greater number of escorts to
support individual children’s needs. The department will now consider what can
be done to reduce administrative overheads, but acknowledged that little can be
done to address the other pressures faced.
A saving of £185,193 will be made by not providing bus passes to access public
service provision, and ensuring children and young people have and make use
of their under 22 travel pass instead. 
6.2      Procurement:
6.2.1 This procurement exercise was conducted in accordance with the relevant Public
Procurement Regulations.
7. Risk Analysis
7.1 There is a risk that the Authority will not deliver its statutory duties under the
Education Scotland Act (1980) should we fail to procure services to transport
children and young people to and from school.
7.2  The successful contractors have no known links to Serious and Organised Crime
which would have significant political and reputational ramifications for the
Council.
7.3 Where contracts failed to attract bids from the market, our market analysis
identified barriers. It should be noted that there is a general reduction in the
availability of contractors, the size of vehicles at their disposal and increasing
costs to them to deliver services. This was further exacerbated by the statutory
consultation where contractors stated they would be reluctant to bid for work that
could be subject to removal. This presents a significant challenge to the
department in fulfilling its statutory obligation to get children and young people to
and from school.
8. Equalities Impact Assessment (EIA)
8.1 An equalities impact assessment screening has been carried out which
confirmed there is no negative impact on any protected characteristic.
9. Consultation
9.1 Legal, Finance and Corporate Procurement Unit have been consulted in relation
to the content of this report.
10. Strategic Assessment

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10.1 Proper procurement is a cornerstone of good governance and supports Council
and officers to pursue the 5 strategic priorities of the Council’s Strategic Plan.
This report forms part of the financial governance of the Council.
Laura Mason
Chief Education Officer
_________________________________________________________
Person to Contact: Andrew Brown, Senior Education Officer
Education, Learning and Attainment
e-mail: andrew.brown@west-dunbarton.gov.uk
Susan Mullin, Transport Coordinator 
Education, Learning and Attainment,
e-mail: susan.mullin@west-dunbarton.gov.uk
Appendices:  As attached
Background Papers: EIA screening
Wards Affected:  All

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