Agenda and decisions

Members are invited to consider the guidance which accompanies this agenda and make declarations as appropriate.

The Chair will consider the admission of any late items of Urgent Unrestricted Business which will be considered under the agenda item where they appear.

On occasions part of the Cabinet Procurement and Insourcing Committee meeting may 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. This is in accordance with the Local (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”),.

This agenda contains exempt items as set out following the Exclusion of Press and Public agenda Item.

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 and Insourcing 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.

At the time of the agenda publication none have been received.

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To confirm the unrestricted minutes of the previous meeting of Cabinet Procurement and Insourcing Committee (CPIC) held on 4 March 2024.

RESOLVED:

That the unrestricted minutes of the previous meeting held on 4 March 2024 be agreed as a true and accurate record of proceedings.

RESOLVED:

To approve the award of contract for the delivery of Day & Evening Services to the successful suppliers listed in Exempt Appendix 1, and any subsequent successful providers who apply to deliver the Day & Evening Services via the Dynamic Purchasing System (DPS), for a period of up to 4 years in total (2+1+1) commencing in May 2024 at a maximum cost of £8.44m.

Reason(s) For Decision / Options Appraisal

This report asks CPIC to approve the award of contract for the delivery of Day & Evening Services to suppliers listed in Exempt Appendix (1) and any subsequent providers who successfully bid for the provision of Day & Evening Services via the DPS.

Local Authorities, under the Care Act 2014, have a duty to promote wellbeing. The Act highlights the importance of preventing or delaying the development of needs for care and support and the importance of reducing needs that already exist.

The preferred option, agreed at Business Case stage (Option 1 below) was to Procure a DPS under the Public Contract Regulations 2015 (PCR) light touch regime. Providers would be admitted onto the DPS after having been evaluated as adhering to the required legal and quality standards and financial parameters. Providers then sign up to a set of overarching Terms & Conditions which govern the way they will operate, as well as set out a floor and ceiling rate for fees and other standardised fee rates if they have anyone placed with them. Providers would apply to be on the DPS; however, this would not be a guarantee of work. This would then create a “menu” for where Individuals would then be placed with the most appropriate service, using a combination of customer choice, geography, availability, etc – with the most cost effective option that meets need and choice being selected. Each service user is placed with an individual placement agreement (IPA, rather than an overarching or block contract) which stipulates the needs and goals of the individual.

This will complement the current in-house service which is considering becoming a centre of excellence to take on more complex cases in future, currently being provided by external agencies often out of the borough.

Alternative Options (Considered and Rejected)

Option 2: Continue with current spot purchasing arrangements, which has the advantage of retaining the status quo for providers. The drawback of this option would be: it is difficult to assure the quality of spot purchased day opportunities without a specific service specification. It is also difficult to negotiate fair rates for services and it is an inefficient use of social worker/brokerage officer time, searching for appropriate provider services and negotiating prices. Potential providers may see spot purchasing as offering no level of security to operating their business, furthermore, it does not consistently offer a choice for the people wishing to use these services. Without an overarching contract, there is also no standardisation of the service offer. For example, some providers class half a day as 4 hours and some 3 resulting in inconsistency of  ...  view the full decision text for item 7.

RESOLVED:

To agree the procurement of a two-stage design and build contract with a Pre-Construction Services Agreement (PCSA) using the Notting Hill Genesis Framework Development Contractors Lot which is compliant with Regulations 26(4) of the Public Contracts Regulations 2015 to deliver the Fairbank Estate housing regeneration project.

Delegate authority to the Group Director - Climate, Homes and Economy, in consultation with the Group Director of Finance and the Acting Director of Legal, Democratic and Electoral Services to:

a)  Enter a Pre-Construction Services Agreement (PCSA), which may include but is not limited to work relating to design, value engineering, surveys, utilities, demolition and enabling works.

b)  Enter into a main building contract and if appropriate any preceding or parallel demolition or enabling works contract with the preferred contractor or one or more suitable specialist early works contractors, upon satisfactory completion of the Pre Construction Services Agreement (PCSA stage), or equally; and

c)  Should a position representing acceptable performance and/or value for money not be reached with the preferred contractor at any point during or upon conclusion of the Pre-Construction Services Agreement (PCSA) stage, to enter into the contracts described at (a) and (b) above, as appropriate, with the reserve bidder appointed during the first stage of the two stage tender.

The Fairbank Estate project is a mixed tenure housing development that forms part of the Housing Supply Programme. It is located in the Hoxton West Ward in the London Borough of Hackney. This report outlines the proposed process for procuring a principal build contractor to deliver this new housing, along with associated landscaping and public realm works.

The site is located along East Road and is bounded by Murray Grove to the north. It is occupied by a 20 storey Council-owned tower block, Thaxted Court, which is to remain occupied during construction and a two storey garage block, which is to be demolished. The western part of the site has a lower level car park that surrounds Thaxted Court. A low rise block, Halstead Court, is to the south of the site. The site sits directly over two Network Rail underground tunnels, which adds a level of complexity and risk to delivery of the project.

The original scheme design for Fairbank Estate was submitted for approval to the Planning Authority in November 2020. The application received approval from the Planning Sub-Committee in January 2021.

The scheme previously went to CPIC in October 2020 for approval to commence a single stage competitive tender procurement exercise using Lot 2 of the Southern Housing Group Framework. In November 2020, the procurement was launched for the selection of a principal contractor to deliver the scheme. However, the tender returns subsequently received were significantly over budget and in the autumn of 2021, the procurement was terminated and put on hold as the project was deemed non-viable.

A significant amount of work has taken place over the past two years to improve the financial viability, risk profile and deliverability of the scheme. The Housing Regeneration team carried  ...  view the full decision text for item 8.

Note from the Governance Team Leader:

Agenda Item(s) XX - XX allows for the consideration of exempt information.

Proposed Resolution:

That the press and public be excluded during discussion of the remaining items on the agenda, on the grounds that they involve the likely disclosure of exempt information as defined in those paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972.

The Chair will consider the admission of any late items of Urgent Exempt Business