Decision Maker: Cabinet Member for Public Protection and Licensing
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: Yes
Cabinet Member approval sought.
2.1 The report was 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).
2.2 The Cabinet Member for Public Protection & Licensing approved a waiver of the Procurement Code to permit the direct award of the services for the initial contract period 1st April 2020 to 31st March 2022; with provision to extend on a 1 year plus 1 year basis; with each year of the contract having a break clause to terminate the contract of three months.
2.3 The Cabinet Member for Public Protection & Licensing noted that the funding for the contracts will be from existing general fund budgets and external grant funding. It was noted that only the first year of funding has been confirmed by preferred bidder and should additional funding not be available in year 2 the Council shall look to terminate the contract.
2.4 The Cabinet Member for Public Protection & Licensing noted that the extension to the contracts will depend upon the availability and continuation of the RSI funding from Central Government.
2.5 The Cabinet Member for Public Protection & Licensing delegated authority to the Executive Director of City Management & Communities to consider/approve taking up the options to extend of 1 year plus 1 year on each contract in Appendix 1.
3. Reasons for Decision
3.1. 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 many of 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.
3.2. The current ‘expiry date’ for these services are 31st March 2020 and further extensions to the contracts are therefore sought to maintain continuity of service in order to meet the requirements of grant funding set out by the preferred bidder.
3.3. At present, all the contracts are closely monitored and, as recorded in capitalesourcing, are considered to meet the Contract Managers’ expectations.
Publication date: 26/03/2020
Date of decision: 26/03/2020
Effective from: 03/04/2020