Agenda and decisions

Cabinet Procurement and Insourcing Committee - Monday 7 September 2020 5.00 pm

Venue: Until further notice, all Council meetings will be held remotely - this meeting can be viewed by clicking on the following you tube link : https://youtu.be/oHVOWxD50Lo

Contact: Clifford Hart  Senior Governance Services Officer

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Decision:

There were no apologies for absence.

 

NOTED

2.

Urgent Business

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 10 below. New items of exempt urgent business will be dealt with at Item 16 below.

Decision:

There were no items of urgent business.

 

NOTED

3.

DECLARATIONS OF INTEREST - Members to declare as appropriate

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.

Decision:

There were no declarations of interests.

 

NOTED

4.

NOTICE OF INTENTION TO CONDUCT BUSINESS IN PRIVATE, ANY REPRESENTATION RECEIVED AND THE RESPONSE TO ANY SUCH REPRESENTATIONS

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 items as set out at Item 13, 14, and 15:

 

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.

 

Decision:

There were no representations received.

 

NOTED

5.

DEPUTATIONS/PETITIONS/QUESTIONS

Decision:

There were no deputations, petitions or questions.

 

NOTED

6.

UNRESTRICTED MINUTES OF THE PREVIOUS MEETING OF CABINET PROCUREMENT COMMITTEE HELD ON 6 JULY 2020 pdf icon PDF 260 KB

To confirm the unrestricted minutes of the meeting of Cabinet Procurement Committee held on 6 July 2020.

Additional documents:

Decision:

RESOLVED

 

That the unrestricted minutes of the Cabinet Procurement Committee held on 6 July 2020 be confirmed as an accurate record of the proceedings.

7.

REQUEST TO ACCESS WALTHAM FOREST FRAMEWORK: FOR SUPPORTED LIVING SERVICES FOR PEOPLE WITH LEARNING DISABILITIES, MENTAL HEALTH AND/OR PHYSICAL DISABILITIES. - KEY DECISION NO. CACH Q98 pdf icon PDF 472 KB

The London Borough of Waltham Forest (LBWF) seeks to procure a framework agreement for supported living services for people who have Care Act eligible needs for accommodation-based support arising from mental health, learning disability or physical disability.

 

This report is seeking Cabinet Procurement Committee’s  approval to call off the London Borough of Hackney (LBH) framework agreement once in place, so as to commission outcome focused supporting living services.

Decision:

RESOLVED

 

i.  That approval be given for London Borough of Hackney (LBH) to join and call off from the London Borough of Waltham Forest’s (LBWF) four year supported living framework; and

 

ii.  That authority be delegated to the Director of Adult Social Care to call off from the framework to the Director of Adult Social Care.

 

 

  RELATED DECISIONS

 

  There are no related decisions.

 

ALTERNATIVE OPTIONS (CONSIDERED AND REJECTED)

 

Option 2: Do nothing (continue with spot provision)

Benefits:

?  Service users would still have access to their current providers via spot purchase arrangements.

Issues:

?  No consistent contractual arrangements in place.

?  No consistent purchasing mechanism or pricing structure

?  Continued lack of opportunity to strategically develop the supported living market more widely

 

The use of this framework does not mean in-house provision cannot be sought for supported living placements. It provides an alternative provision readily available for a range of needs. A framework model also helps stimulate the market in line with Care Act requirements.

 

There are no TUPE Implications. Joining the framework offers an opportunity to make and formalise new placements.

 

There are no related decisions.

 

 

8.

SINGLE HOMELESS PATHWAY SERVICE - CONTRACT AWARD REPORT - KEY DECISION CACH. Q.94 pdf icon PDF 386 KB

This report seeks the Cabinet Procurement Committee’s approval to award a contract for a housing-related support service for single homeless adults in the London Borough of Hackney.

 

Decision:

RESOLVED

 

That approval be given to the award to St Mungos of the single homeless pathway contract for a term of five years with the option to extend for one plus one years (5 + 1 + 1), with the total contract value being £6,091,050 for five years and £8,527,470 if extended to seven years, following  a direct negotiation as approved by Cabinet Procurement Committee in September 2018.

 

RELATED DECISIONS

 

CACH P9 Re-tendering of Housing Related Support Contracts.

 

 

REASONS FOR DECISION/OPTIONS APPRAISAL

 

The report seeks to gain approval for the award of a contract following a direct negotiation process which was approved by Cabinet Procurement Committee in September 2018.

 

This award is in relation to Key Decision CACH P9, Recommendation 3:

 

Agree to the direct negotiation of a contract for a single homeless pathway which will include hostel-based services provision for ex-offenders and people who need step-down support. The contract term will be for 5 years with an option to extend for a further 2 years (5 + 1 + 1 years). The annual contract value is £1.4m per annum;equivalent to a £9.8m total contract value. On completion of the negotiation, a SingleTender Action will be submitted to Cabinet Procurement Committee for approval.

 

The contract award is for an accommodation based scheme delivering support to adult single homeless and rough sleepers with complex needs around substance misuse, mental health and physical health needs, particularly those associated with entrenched rough sleeping.  The service is to provide support that will allow people to prepare for options through and out of the Pathway, facilitating the Assessment, Engaging Support and Move Through stages of the Pathway, depending on service user needs. 

 

The Provider shall work with a range of adult single homeless service users who may or may not present a risk to themselves or others. The service will focus on both stabilising clients with previously chaotic lifestyles, including those engaged in street activity, and preparing a clear route to independent living.

 

The service will be flexible and responsive to the multiple and complex needs of service users including:

 

?  People with substance misuse issues, including those who are in the pre-contemplative and contemplative stages of addressing those issues

?  People with very chaotic lifestyles, including those displaying anti-social behaviour

?  People with low level and/or undiagnosed mental health needs who may or may not be addressing those issues

?  People at risk of offending

?  People with health issues associated with entrenched rough sleeping

 

It is expected that the service will offer flexibility in response to the needs of service users. It is expected that service users with high level support needs will receive 24 hour staffing; those service users with medium level support needs will require staffing that does not conform to a normal 9 to 5 working day.

 

  The service will provide high/medium and medium support to:

 

Support Level

Capacity

Service

High/medium

68 adult single male/female

146 Mare Street, London E8 3SG

High/medium

33 adult single female only

136 Church Walk N16 8QQ  ...  view the full decision text for item 8.

9.

ENERGY PROCUREMENT BUSINESS CASE - KEY DECISION NO. FCR Q.99 pdf icon PDF 345 KB

This report seeks the approval of the Cabinet Procurement Committee to the award of a contract under Lot 1 of the new PBO B electricity Framework for flexible procurement and supply of half hourly, non-half hourly metered and unmetered supply of electricity with meter operations and additional services.

Decision:

RESOLVED

 

i.   That  it be noted that PBO A’s costs and services had been compared against PBO B, and that it was deemed that PBO B was more cost effective and better aligned to the Council’s current and future energy procurement ambitions;

 

ii.  That approval be given to the appointment of PBO B to act on behalf of the London Borough of Hackney to secure all 12month’s supplies contracts for Natural Gas, Non-Half Hourly electricity, Half Hourly and Unmetered electricity covering the period April 2021 to March 2022;

 

iii.  that the Group Director of Finance and Resources be delegated authority  to engage PBO B for provision of the service in (ii) above  by means of three further annual contracts to commence in April 2022 for all supplies contracts for Gas, Non-Half Hourly electricity, Half Hourly and Unmetered electricity and subject to resolution (v) below;.

 

iv.  that it be noted that retrospective Contract Award (CA) reports would be presented to Cabinet Procurement Committee by June of each year, detailing contract costs and for each year and giving the Cabinet Procurement Committee the opportunity to confirm it remains content for the Group Director of Finance and Corporate Resources to exercise the delegated authority sought by resolution (iii) above; and

 

v.  that  officers would continue to appraise the options for securing the Council’s energy contract through PPA with energy generators and  present a Business Case report to the Cabinet Procurement Committee once the PPA purchasing options were fully explored and officers were able to recommend an approach that best meets the needs of the Council.

 

  RELATED DECISIONS

 

Business Case Report presented to the Cabinet Procurement Committee in March 2016.

 

  OPTIONS APPRAISAL AND BUSINESS CASE (REASONS FOR DECISION)

 

As part of essential commodities deployed in the delivery of Council services, the Council has an ongoing requirement to purchase gas and electricity. For over 10 years, the Council has engaged the services of a Public Buying Organisation (who buys on behalf of several public sector bodies) to procure its annual energy supplies contracts.

 

At its meeting in March 2016, Cabinet Procurement Committee agreed the appointment of Crown Commercial Service (CCS) to procure energy contracts for the year commencing October 2016 and also authorised the Group Director of Finance and Corporate Resources to engage this organisation to procure the energy supplies contracts for  four subsequent years.

 

This delegated authority has been exercised since 2016 when PBO A were appointed to secure 12 months contracts prices for Gas, Non-Half Hourly (NHH), Half-Hourly (HH) and Unmetered (UMS) electricity supplies for the contract years .

 

As the delegated authority given to the Group Director of Finance and Corporate Resources expires this year and  in the light of the Council’s ongoing effort to source renewable energy supplies and secure its contracts through PPA with renewable energy generators, this Business Case report is written to provide Members with information on current developments in the energy market with regards to the purchasing options for the Council and to also recommend  ...  view the full decision text for item 9.

10.

ANY OTHER UNRESTRICTED BUSINESS THE CHAIR CONSIDERS TO BE URGENT

Decision:

There were no items of unrestricted urgent business.

 

NOTED

11.

DATE OF FUTURE MEETINGS

 

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

 

5 October 2020

9 November 2020

7 December 2020

18 January 2021

8 March 2021

12 April 2021

10 May 2021

 

 

 

Decision:

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

 

5 October 2020

9 November 2020

7 December 2020

18 January 2021

8 March 2021

12 April 2021

10 May 2021

 

 

12.

EXCLUSION OF THE PUBLIC AND PRESS

Note from the Governance Services Manager

 

Item(s) 6, 8  & 9 allows for the consideration of exempt information in relation to items 13, 14, and 15  respectively.

 

Proposed resolution:

 

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 13-16 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.

Decision:

RESOLVED

 

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 13-15 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.

 

13.

EXEMPT MINUTES OF THE PREVIOUS MEETING OF CABINET PROCUREMENT COMMITTEE HELD ON 6 JULY 2020

To confirm the exempt minutes of the meeting of Cabinet Procurement Committee held on 6 July 2020.

Decision:

RESOLVED

 

That the exempt minutes of the Cabinet Procurement Committee held on 6 July 2020 be confirmed as an accurate record of the proceedings.

 

14.

SINGLE HOMELESS PATHWAY SERVICE - CONTRACT AWARD REPORT - KEY DECISION CACH. Q.94

Item 8 refers

 

Appendices  A & B are exempt from publication under para 3 of Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

 

Decision:

RESOLVED

 

That exempt Appendices A & B in relation to agenda item 8 in the unrestricted part of the agenda be agreed and noted.

 

15.

ENERGY PROCUREMENT BUSINESS CASE - KEY DECISION NO. FCR Q.99

Item 9 refers

 

Appendices  1 & 2  are exempt from publication under para 3 of Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

 

Decision:

RESOLVED

 

That exempt Appendices 1 & 2 in relation to agenda item 9 in the unrestricted part of the agenda be agreed and noted.

 

 

16.

ANY OTHER EXEMPT BUSINESS THE CHAIR CONSIDERS TO BE URGENT

Decision:

There were no exempt items of urgent business.

 

NOTED