Democracy Spraffa

SUPPLEMENTARY DOCUMENT PACK (Tendering Committee 11 10 23) BOOKMARKED

West Dunbartonshire Council · 11 October 2023
Back to Tendering Committee — 11 October 2023 and its agenda

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

Original council PDF · Download plain text

Page 1

Supplementary
Agenda
Tendering Committee
Date:  Wednesday, 11 October 2023
___________________________________________________________________
Time:  09:15 
___________________________________________________________________
Venue: Clyde Room, Clydebank Town Hall, 5 Hall Street, Clydebank
___________________________________________________________________
Contact:   Scott Kelly, Committee Officer
Tel: 01389 737220.  Email: scott.kelly@west-dunbarton.gov.uk
Dear Member
ITEMS TO FOLLOW
I refer to the agenda for the above Meeting of the Tendering Committee which was
issued on 28 September 2023 and now enclose for your attention a copy of the
minutes relating to Item 3 and the report relating to Item 6, which were not available
for issue at that time.
Yours faithfully
PETER HESSETT
Chief Executive
Note referred to:-
3 MINUTES OF PREVIOUS MEETING 11 – 14
Submit, for approval as a correct record, the Minutes of Meeting of the
Tendering Committee held on 20 September 2023.
6/
Page 9

Page 2

6 CONTRACT AUTHORISATION REPORT – FAIFLEY  15 – 20
CAMPUS PROJECT
Submit report by the Chief Officer – Regulatory and Regeneration seeking
approval to conclude the award of the construction contract for the Faifley
Campus Project. 
Distribution:
Councillor John Millar (Chair)
Councillor James McElhill
Councillor June McKay (Vice Chair)
Councillor Karen Murray Conaghan
Councillor Lawrence O’Neill
Councillor Chris Pollock
Councillor Hazel Sorrell
Councillor Clare Steel
All other Councillors for information
Chief Officer – Regulatory and Regeneration
Date of Issue: 6 October 2023
Page 10

Page 3

TENDERING COMMITTEE
At a Meeting of the Tendering Committee held in ‘The Bridge’ Meeting Room,
Council Offices, 16 Church Street, Dumbarton on Wednesday, 20 September 2023
at 9.15 a.m.
Present: Councillor Karen Murray Conaghan, June McKay, Lawrence
O’Neill, Chris Pollock and Hazel Sorrell.
Attending: Alan Douglas, Chief Officer – Regulatory and Regeneration; 
Annabel Travers, Procurement Manager; Laura Adams and
Angus Cameron, Business Partners – Strategic Procurement;
John Kerr, Housing Development and Homelessness Manager;
Jacqueline Carson, Integrated Operations Manager; and Scott
Kelly, Committee Officer.
Apologies: Apologies for absence were intimated on behalf of Councillors
John Millar and Clare Steel.
Councillor June McKay in the Chair
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in any of the items of
business on the agenda.
MINUTES OF PREVIOUS MEETING
The Minutes of Meeting of the Tendering Committee held on 17 May 2023 were
submitted and approved as a correct record.
OPEN FORUM
The Committee noted that no open forum questions had been submitted by
members of the public.
ITEM 3
Page 11Page 11

Page 4

DESIGN DEVELOPMENT AND PROJECT MANAGEMENT SERVICES AT THE
ARTIZAN SITE
A report was submitted by the Chief Officer – Regulatory and Regeneration advising
of the award of the contract for Design Development and Project Management
Services at the Artizan Site which was approved on 23 June 2023 by the Chief
Executive in consultation with the Leader of the Council, the Leader of the
Opposition and the Convener of the Tendering Committee.
Having heard Ms Adams, Business Partner – Strategic Procurement, in further
explanation of the report and in answer to a Member’s question, the Committee
agreed:-
(1) to note the appointment of Design Development and Project Management
Services at the Artizan Site to Turner & Townsend Project Management
Services Limited; and
(2) to note: (i) that the award of the contract shall be for a period of four years but
shall end on completion of the defects period of subsequent construction
projects, which may be before or after the four year term; and (ii) that the
value of the contract was £824,659 exclusive of VAT.
CONTRACT AUTHORISATION REPORT – DESIGN AND BUILD OF NEW
SUPPORTED HOUSING AT MOUNT PLEASANT
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
approval to conclude the award of the contract for the Design and Build of New
Supported Housing at Mount Pleasant, Ashtree Court, Old Kilpatrick.
After discussion and having heard Ms Adams, Business Partner – Strategic
Procurement, in further explanation of the report, the Committee agreed:-
(1) to authorise the Chief Officer – Regulatory and Regeneration to conclude, on
behalf of the Council, the award of the contract for the Design and Build of
New Supported Housing at Mount Pleasant to CCG (Scotland) Limited; and
(2) to note: (i) that the contract shall be for a period of 60 weeks with a further 52
week defect period, at a value of £4,606,022 exclusive of VAT; and (ii) that
the estimated commencement date was March 2024.
CONTRACT AUTHORISATION REPORT – PROVISION OF CALLCONFIRM
LIVE SUPPORT
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
approval to conclude the award of the contract for the Provision of CallConfirm Live
Support.
Page 12

Page 5

After discussion and having heard Mr Cameron, Business Partner – Strategic
Procurement, and relevant officers in further explanation of the report and in answer
to Members’ questions, the Committee agreed:-
(1) to authorise the Chief Officer – Regulatory and Regeneration to conclude, on
behalf of the West Dunbartonshire Health and Social Care Partnership, the
award of the contract for the Provision of CallConfirm Live Support to Access
UK Limited; and
(2) to note: (i) that the contract shall be for a period of two years with the option of
a one year extension and at a value of £339,552.48 inclusive of VAT over two
years and £509,328.72 inclusive of VAT should the contract be extended; and
(ii) that the estimated commencement date was 2 October 2023.
CONTRACT AUTHORISATION REPORT – PROVISION OF SMALL PLANT AND
HAND OPERATED TOOLS HIRE
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
approval to conclude the award of the contract for the Provision of Small Plant and
Hand Operated Tools Hire.
After discussion and having heard Ms Adams, Business Partner – Strategic
Procurement, in further explanation of the report and in answer to a Member’s
question, the Committee agreed:-
(1) to authorise the Chief Officer – Regulatory and Regeneration to conclude, on
behalf the Council, the award of the contract for the Provision of Small Plant
and Hand Operated Tools Hire to Alex Mather Limited; and
(2) to note: (i) that the contract shall be for a period of two years with the option of
two 12-month extensions and at a budget of £170,000 inclusive of VAT over
two years and £340,000 inclusive of VAT should the contract be extended for
two years; and (ii) that the estimated commencement date was October 2023.
CONTRACT AUTHORISATION REPORT – PROVISION OF WELFARE HIRE
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
approval to conclude the award of the contract for the Provision of Welfare Hire.
After discussion and having heard Ms Adams, Business Partner – Strategic
Procurement, and the Procurement Manager in further explanation of the report and
in answer to a Member’s question, the Committee agreed:-
(1) to authorise the Chief Officer – Regulatory and Regeneration to conclude, on
behalf of the Council, the award of the contract for the Provision of Welfare
Hire to Sunbelt Rentals Limited; and
Page 13

Page 6

(2) to note: (i) that the contract shall be for a period of two years with the option of
two 12-month extensions and at a budget of £112,000 inclusive of VAT over
two years and £224,000 inclusive of VAT should the contract be extended for
two years; and (ii) that the estimated commencement date was October 2023.
PURCHASE OF HEAVY GOODS VEHICLES AND REFUSE COLLECTION
VEHICLES
A report was submitted by the Chief Officer – Regulatory and Regeneration advising
of the award of the contract for the Purchase of Heavy Goods Vehicles and Refuse
Collection Vehicles which was approved on 7 August 2023 by the Chief Officer –
Roads and Neighbourhood after consulting with the Convenor of the Infrastructure,
Regeneration & Economic Development Committee.
After discussion and having heard Ms Adams, Business Partner – Strategic
Procurement, and the Chief Officer – Regulatory and Regeneration in further
explanation of the report and in answer to Members’ questions, the Committee
agreed:-
(1) to note: (i) that the contract shall be for a period of three years including
warranty and at a value of £2,263,294.80 inclusive of VAT; and (ii) that the
estimated commencement date was 1 September 2023;
(2) to note that approval had been granted in accordance with Standing Orders
35 (b) (ii)–(iv) due to the urgent need to secure a production slot for delivery in
March 2024 (the usual contract authorisation would have added an additional
13 weeks to the programme), secure the offered pricing that would potentially
otherwise see an additional financial burden of circa £328,500 and end the
ongoing hire charges that the Council was incurring; and
(3) to note that Standing Order 35(b) states:-
“Officers will exercise those powers referred to above in accordance with the
following scheme: (ii) Delegated powers should generally not be exercised
where any decision by an authorised officer would represent a departure from
Council policy or procedure or would be contrary to a standing instruction of
Council (or Committee), or would itself represent a significant development of
policy or procedure. (iii) Such decisions will be referred to Council, or the
appropriate Committee, except in the case of urgency, where the officer may,
after consultation with the relevant Service Spokesperson or Convener of the
appropriate Committee, exercise such delegated powers.”
The meeting closed at 9.38 a.m.
Page 14

Page 7

WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory & Regeneration
Tendering Committee: 11 October 2023
___________________________________________________________________
Subject: Contract Authorisation Report – Faifley Campus Project
1. Purpose
1.1 The purpose of this report is to seek the approval of the Tendering Committee
to conclude the award of the construction contract for the Faifley Campus
Project.
2. Recommendations
2.1 It is recommended that the Tendering Committee:
a) Authorise the Chief Officer - Regulatory and Regeneration to conclude on
behalf of West Dunbartonshire Council (the Council), the award of the
Contract for the construction of the new Faifley Campus Project through
Hub West Scotland within the total approved budget of £35.614M.
b) Note that the construction contract shall be for a period of 121 weeks at a
value of £34,041,529.  The estimated commencement date of the contract
is November 2023 subject to the issue of the contract award notice.  It
should be noted that the construction contract does not include the
Council's Direct Costs.
3. Background
3.1 The purpose of the tender was to appoint an experienced contractor to deliver
the construction contract for the new Faifley Campus.
3.2 The budget of £35.614M was approved at the Council meeting on 1 March
2023 and is funded from the General Services Capital.
3.3 This procurement exercise has been conducted in accordance with the
Council’s Standing Orders and Financial Regulations and the Public
Procurement Regulations.  Following an extensive Option Appraisal process,
Hub West Scotland were appointed to deliver the Faifley Campus Project on
behalf of West Dunbartonshire Council.
4. Main Issues
Procurement Options Appraisal
4.1 The Corporate Procurement Unit published an options appraisal market
research questionnaire regarding route to the market on 19 October 2020, as
ITEM 6
Page 15

Page 8

part of a Prior Information Notice (PIN) in the Official Journal of the European
Union (OJEU).  
4.2 The options appraisal market research questionnaire could be completed by
any organisation that could undertake an end-to-end process for this
requirement.  61 contractors recorded interest in the opportunity, with seven
responding to the questionnaire by closing date of 11 November 2020.
4.3 Of the seven responses, four responses were received from Framework
Agreement providers, with three responses received from contractors
recommending various routes to market. In total, six routes to market were
evaluated across the seven responses received. Breakdown:
Organisation Framework
Agreement provider 
or Main Contractor
Route to market
Balfour Beatty Main Contractor Crown Commercial
Services Framework
Agreement
Crown Commercial Services Framework
Agreement Provider
CCS Framework
Agreement
hub West Scotland Framework
Agreement Provider 
Provider
hub West Scotland
Framework
Agreement
McLaughlin & Harvey Construction Main Contractor Scape Framework
Agreement
Pagabo Framework
Agreement Provider 
Provider
Pagabo Framework
Agreement
Robertson Construction Main Contractor Procurement Hub
Framework
Agreement
Scottish Procurement Alliance Framework
Agreement Provider 
Provider
Scottish Procurement
Alliance Framework
Agreement
4.4 The options appraisal market research questionnaire asked questions
relevant to this project, on the subjects of: past experiences, the proposed
delivery vehicle / Alliance Framework Agreement, project management and
managing performance, risks and risk control measures including Covid-19
and European Union (EU) Exit, form of contract, liabilities, fees, supply
chains, value engineering, and social benefits.
4.5 The options appraisal was evaluated and scored by a focused group of
officers from Capital Investment, Education, and Corporate Procurement Unit.
Financial Services and Legal Services provided support during the process.
Page 16

Page 9

4.6 The outcome of the scored route to the market options appraisal identified
that the response from hub West Scotland represented the preferred route to
market. 
4.7 Based on the recommendation to adopt hub West Scotland, the form of
contract proposed by hub West Scotland is to use the Scottish Government
and SFT’s sponsored Design and Build Development Agreement (DBDA).
4.8 Form of contract is identified as a risk and was part of the further clarifications
and risk mitigation actions requested previously by the Learning Estate
Project Board before approval of the adoption of hub West Scotland as the
preferred route to market for this requirement.
4.9 Legal Services and the Capital Investment Team carried out further
discussions with hub West Scotland to agree on solutions to mitigate risks.
These were presented as part of the wider clarifications to the Learning Estate
Project Board prior to granting approval of the adoption of hub West Scotland
as the preferred route to market for this requirement.
4.10 Legal Services will continually be involved in the process of agreeing
individual terms within the form of contract between the Council, hub West
Scotland and the appointed Contractor.
Main Contractor Option Appraisal
4.11 Hub West Scotland undertook a mini competition between the six main
contractors available to participate. The main contractors were:
• Balfour Beatty
• BAM Nuttall;
• Kier Construction;
• Morgan Sindall;
• Morrison Construction;
• Robertson Construction.
4.12 Hub West Scotland managed the mini competition process, although the
Council was involved at all stages e.g. agreeing final weightings, evaluation,
etc.  Following the mini competition exercise, Morrison Construction were
appointed as the main contractor. 
4.13 Morrison Construction has committed to paying all staff as a minimum, the
real Living Wage and promotes Fair Working Practices across their
organisation.   Further, Morrison Construction has committed to delivery of the
following social benefits as a direct result of delivery of this contract:
Page 17

Page 10

Council Engagement
Strategy 2022/2023- Pre Construction
Early learning and
primary schools
Dino City programme
STEM Activities
Donation on mini PPE to help create
mini construction sites and nurseries
and schools
High schools
STEM Activities
Advice and guidance on job, college
and university applications
Stem Futures programme
CV mentoring and interview prep
Support and guidance in applying
for graduate apprenticeship with
Morrison Construction
Pathways to positive destinations
Meaningful work placement
opportunities
Careers events to highlight
opportunities
Those with barriers to
learning and employment
opportunities and parents
of families most likely to
be affected by poverty
Pathways to positive destinations
Information and guidance sessions
to support employment opportunities
that may become available
Drop in sessions with Job centre
plus
Support and guidance in applying
for graduate apprenticeship with
Morrison Construction
Support for local
businesses
Meet the Buyer events
Support and guidance in the
upskilling of staff
Page 18

Page 11

Quarterly forums to allow
businesses to engage with project
delivery team, supply chain partners
and commercial teams
Support for local
community groups Volunteering days to support
initiatives in the local community
The social benefits are discussed at the Benefits Social Value/Community
Benefits Group along with Morrison Construction and actions to take these
forward.   
5. People Implications
5.1 There are no known people implications at this stage; however, a full
assessment of Facilities Management staff will be carried out prior to the new
Campus going operational.
6. Financial and Procurement Implications
6.1 Financial costs in respect of this Contract will be met from the approved
General Services Capital budget of Educational Services.
6.2 This procurement exercise was conducted in accordance with the agreed
Contract Strategy produced by the Corporate Procurement Unit in close
consultation with Corporate Asset Management and Educational Services
officers and the provisions of Contract Standing Orders, the Financial
Regulations and Public Procurement Regulations.
7. Risk Analysis
7.1 Morrison Construction has no known links to Serious and Organised Crime
that would have significant political and reputational ramifications for the
Council.
7.2 Should the Tendering Committee decide not to proceed as recommended
then this will delay the project, will have financial implications and reputational
ramifications.
7.3 It should be noted that the project received planning permission on 20
September 2023 and was granted the Stage 1 building warrant on 4 October
2023. This is positive progress and limits our risks in reaching financial close
as planned.
7.4 The Council will publish a Contract Award Notice prior to award of the
construction stage contract to Hub West Scotland / Morrison Construction.
Page 19

Page 12

8. Equalities Impact Assessment (EIA)
8.1 An equalities screening was undertaken for this report to determine if there is
an equalities impact. The result is there is no equalities impact.
9. Consultation
9.1 Corporate Asset Management, Educational Services, Finance Services, Legal
Services, Corporate Procurement, Planning and Roads & Neighbourhood
have been consulted on the contents of this report.
10. Strategic Assessment
10.1 The Faifley Campus Project will contribute to the delivery of the Council's
strategic priorities:
• Our communities are resilient and thriving;
• Our environment promotes a greener future;
• Our economy is strong and flourishing
Name:  Alan Douglas, 
Designation:  Chief Officer - Regulatory and Regeneration
Date: 3 October 2023
Person to Contact: Craig Jardine, Corporate Asset Manager,
craig.jardine@west-dunbarton.gov.uk, 
Tel: 07507886231
Sarah Walsh, Contract Scoping Officer,
sarah.walsh@west-dunbarton.gov.uk 
Appendices: None
Background Papers: 1. Procurement Route Option Appraisal
2. Equality Impact Assessment
3. Learning Estate Improvement Plan – Educational
Services Committee, 9 June 2021.
4. Council Budget Report, 1 March 2023.
5. Proposal Paper and launch of statutory consultation for
the construction of a new campus in Faifley – Educational
Services Committee, 21 September 2021.
6. Response on Statutory Consultation for the construction
for a new campus in Faifley – Educational Services
Committee, 16 March 2022.
Wards Affected: Clydebank Central
Page 20