Agenda, decisions and minutes

There were no apologies for absence.

NOTED

There were no apologies for absence.

NOTED

The Chair will consider the admission of any late items of Urgent Business. Late items of Urgent Business will be considered under the agenda item where they appear. New items of unrestricted urgent business will be dealt with under Item 8 below. New items of exempt urgent business will be dealt with at Item 13 below.

There were no items of urgent business.

NOTED

There were no items of urgent business.

NOTED

A Member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 8.1-15.2 of Section Two of Part 5 of the Constitution  and Appendix A of the Members’ Code of Conduct.

A Member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 8.1-15.2 of Section Two of Part 5 of the Constitution  and Appendix A of the Members’ Code of Conduct.

There were no declarations of interests.

NOTED

There were no declarations of interests.

NOTED

On occasions part of the Cabinet Procurement Committee meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to On occasions part of the Cabinet Procurement Committee meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

This agenda contains exempt matters as set out at Item 11 & 12  :

No representations with regard to these have been received.

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet Procurement Committee meeting will be partly held in private for the reasons set out in this Agenda.  Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

There were no representations received.

NOTED

There were no representations received.

NOTED

There were none.

NOTED

There were none.

NOTED

To confirm the unrestricted minutes of the meeting of Cabinet Procurement Committee held on 11 March 2020, and 11 May 2020 (Special).

RESOLVED

That the unrestricted minutes of the Cabinet Procurement Committee held on 11 March 2020, and 11 May 2020 (Special) be confirmed as an accurate record of the proceedings.

RESOLVED

That the unrestricted minutes of the Cabinet Procurement Committee held on 11 March 2020, and 11 May 2020 (Special) be confirmed as an accurate record of the proceedings.

This report seeks Cabinet Procurement Committee’s approval to award the contract for the Interim Provision of Statutory Testing, Inspection, Repair & Maintenance Services to Contractor A, being the incumbent, under new terms and conditions as the appointed Contractor, for a period of eighteen months commencing 22nd June 2020.

Reasons for lateness in considering the report were advised of by the Chair.

RESOLVED

i.  That approval be given to the awarding of the contract for the Interim Provision of Statutory Testing, Inspection, Repair & Maintenance Services to Contractor A, being the incumbent, under new terms and conditions as the appointed Contractor, for a period of eighteen months commencing 22nd June 2020; and

ii.  That the Council’s planning activity to inform the scope of a new mixed economy of insourced and externally sourced services, and progress the changes to internal arrangements as set out above be noted.

RELATED DECISIONS

Report to Cabinet Procurement Committee 18th July 2017, for the procurement of an additional contractor to provide statutory testing, repair and maintenance services to the Council. 

Report to Hackney Procurement Board Meeting 11 February 2014 – RP2, Business Case.  Permission to go to tender, noting the move away from delivery of the service by 2 smaller specialist firms to one main contractor and 20 January 2015 CPC – Award Report.

REASONS FOR DECISION/ OPTIONS APPRAISAL.

The purpose of this report is to provide CPC with the reasons behind the need to undertake an eighteen month interim contract, by direct award, prior to the procurement of a new competitively tendered contract to commence December 2021.

The Council has a statutory duty to keep its estate in a health and safety compliant state.  This interim contract is required immediately, to sustain an uninterrupted delivery of statutory testing and repairs.

In 2014, when it reviewed its corporate building maintenance arrangements and established a new long term strategy, the Council anticipated executing that strategy in 2 principal stages, starting with the procurement of the MTC which allowed procurement of critical services with the limited asset data available, followed by the procurement of services on a more user friendly, efficient and up to date contract form with informed risk pricing in a practical fixed price component.

The introduction of a short interim contract between the two, via a direct appointment was brought about by a combination of factors:

?  The disruption in the market following the collapse of Carillion, and the need for the Council to avoid procuring a long term contractual commitment in such uncertain conditions;

?  The need to commit to new “normals” in the post Carillion world including minimum 5 year contract terms;

?  The need to accommodate the Council’s agenda to insource more of its contracted services, and allow time for focussed work on scoping this insourcing potential ahead of the next formal procurement;

?  In the context of a disrupted market, the need to mitigate the possibility of a poor or failed procurement, and;

?  Also in the context of a disrupted market, pilot the new form of contract, establish a body of internal experience in managing it, and establish revised and improved, centralised internal funding arrangements in advance of the new “mixed economy” of insourced delivery and externally sourced elements;

?  The COVID 19 pandemic has made more acute officers’ preference to pilot the new arrangements  ...  view the full decision text for item 7.

The Chair advised the Committee that the reasons for lateness in considering the report were due to final negotiations with the proposed contractor being undertaken in the context of competing demands on officer time in responding to the operational demands of the COVID 19 pandemic.

The Chair asked for an introduction of the report before the Committee.

The Director of Strategic Property Services, Finance & Corporate Resources – Mr Chris Pritchard thanked the Committee for accepting the report late in the day.  He advised that the  programme was quite challenging, but the COVID 19 virus interrupted the flow of negotiation meetings with the contractor to some extent as client team members were personally affected, and senior offices indirectly affected as they had to make time in the working day to take part in the Council's responses.  As a result officers had been unable to prevent that from delaying the report, even with analysis, some negotiation, drafting, editing and revisions being carried on late in to evenings.

Mr Pritchard went to to advise that the report before the Committee was indeed written in the context of the long term.  The Council was preparing to move towards a new mixed economy of in-house service provision and external private sector provision, where in the past there had been a reliance almost exclusively on private sector providers to maintain the Council's corporate estate.  It was the case that an interim arrangement would enable officers to undertake some informed planning of how to take the first steps towards this, with a new scope for the next phase of the delivery.

Mr Pritchard commented that these ambitions were being dovetailed into the long term strategy for corporate maintenance that commenced in 2014.  It recognised at that time that the Council had limited asset data and needed to improve this while strengthening internal and external accountabilities for statutory compliance.  The report noted how the Measured Term Contract had delivered those objectives and how the proposal to adopt a new approach via the NEC3 form would help it take advantage of the efficiencies and benefits available to mature organisations, with strong data and experienced internal staff.

Mr Pritchard concluded that in summary this interim phase was the prelude to a full procurement for a partially insourced arrangement, coupled with much more efficient contractual and client management arrangements, set up in a way to appeal to a broad spread of high quality providers in the market. 

The Chair thanked Mr Pritchard for his introduction.  In asking if there were any comments from Members or points of clarificationthe Chair commented on the fact that though the existing contract was being extended for a further eighteen months she stressed that there could not be any further extensions and that whilst it was accepted by members that the extension was necessary it was with some reluctance.  The Chair added that  it was expected that officer would be working to be able to present the new proposed contract ready for approval before the  ...  view the full minutes text for item 7.

There were no unrestricted items of urgent business.

NOTED

There were no unrestricted items of urgent business.

NOTED

Meetings will be held at 5.00pm on:

6 July 2020

7 September 2020

5 October 2020

9 November 2020

7 December 2020

18 January 2021

8 March 2021

12 April 2021

10 May 2021

NOTED – meetings of the Cabinet Procurement Committee commencing at 5.00pm for the remainder of the Municipal Year 2020/21 as follows:

6 July 2020

7 September 2020

5 October 2020

9 November 2020

7 December 2020

18 January 2021

8 March 2021

12 April 2021

10 May 2021

NOTED – meetings of the Cabinet Procurement Committee commencing at 5.00pm for the remainder of the Municipal Year 2020/21 as follows:

6 July 2020

7 September 2020

5 October 2020

9 November 2020

7 December 2020

18 January 2021

8 March 2021

12 April 2021

10 May 2021

Note from the Governance Services Manager

Item 10 & 11 allows for the consideration of exempt information in relation to unrestricted Item 6 & 7 respectively.

Proposed resolution:

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 12 & 13 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 11-13 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 11-13 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

Item 8 refers

Appendix 1 is exempt from publication under para 3 of Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendix 1 in relation to agenda item 7  in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendix 1 in relation to agenda item 7  in the unrestricted part of the agenda be agreed and noted.

There was no urgent exempt business to consider.

NOTED

There was no urgent exempt business to consider.

NOTED

To confirm the exempt minutes of the meeting of Cabinet Procurement Committee held on 11 March 2020, and 11 May 2020 (Special).

RESOLVED

That the exempt minutes of the meetings of Cabinet Procurement Committee held on 11 March 2020, and 11 May 2020 (special) be confirmed as an accurate record of the proceedings.

RESOLVED

That the exempt minutes of the meetings of Cabinet Procurement Committee held on 11 March 2020, and 11 May 2020 (special) be confirmed as an accurate record of the proceedings.