Decision details

This report provides an update about the review of the MH supported accommodation pathway. Cabinet Member approval will also be sought for the required contract extensions for this pathway, post Gate.

1.            That this report be exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

2.            That the Cabinet Member for Housing approved a waiver of the Procurement Code to permit the direct award of interim contracts for the contracts as listed in Appendix 1 of the report, for the total sum as set out in the in the report for the period 1st January 2018 to 31^st December 2019.

Reasons for Decision 

1.            Regulation 72 (1) of the Public Contract Regulations 2015 require that for any variation clauses to be lawful they must be couched in ‘clear, precise and unequivocal’ terms, that state the scope and nature of possible modifications. The ‘review clauses’ in the existing contracts that enable the contracts to be rolled on without limit would therefore not be considered lawful. The contracts must be put onto a compliant contractual footing with clear start/expiry dates and provisions to extend that do not continue indefinitely.

2.            The current ‘expiry date’ for these services is either 31^st December 2017 or 31^st March 2018 and further extensions to the contracts are therefore sought to maintain continuity of service whilst a re-procurement programme is developed in order to achieve full compliance.