Agenda item

Consideration was given to a summary of the procurement process to appoint a Highway Services Contractor with effect from 6 October 2011.  The report set out the rationale for change and the key provisions in the new Highways Services Contract; it also detailed the considerable Member involvement there had been in the process. 

Early in the process the Transformation of Highways Services Sub Committee had been established along with an Overview and Scrutiny Group, both of which had been involved at all stages.  In addition the matter had been considered by the Environment and Prosperity Scrutiny Committee and there had also been a number of all member presentations and briefings.

At the meeting it was reported that the Chairman of the Environment and Prosperity Scrutiny Committee, and the Chairman of the Corporate Scrutiny Committee, had been consulted and had agreed to waive the call-in provisions in relation to the decision to be made on the grounds that any delay called by the call-in process would be likely to seriously prejudice the Councils or the public’s interests for the following reasons:

-          The Council may not be able to achieve a contract sign off by the end of June which could impact upon the Council’s ability to mobilise for a contract start date of 6 October 2011.

-          The existing term maintenance contract with BAM Nuttall has been terminated with effect from 6 October 2011 and as a result the Council needs to enter into a new contract to ensure continuity in the provision of highway services and discharge of statutory obligations.

-          Failure to enter into the contract on time may result in the extension of the existing contract for an overrun period and consequently result in an impact on planned savings.

-          Waiver of call in will enable the bidder, staff and members to be informed of the decision on the day allowing the decision to be openly discussed and removing a period of potential uncertainty and speculation.

Earlier in the day the Transformation of Highways Services Sub Committee had met to consider the results of the evaluation of the final tender submissions by the short listed bidders, and the following recommendation was now made to the Cabinet:

1.    To confirm the previously approved evaluation process used to determine the Preferred Bidder for the Highway Services Contract.

2.    To recommend to Cabinet as the Preferred Bidder the company which received the highest score, in accordance with the tender evaluation process, and enter into the Highways Services Contract.

3.    To delegate final contract negotiations with the preferred bidder to the Borough Solicitor, the Borough Treasurer, and the Strategic Director Places, in consultation with relevant Portfolio Holders.

4.    To note that the award of the Highways Services Contract will trigger the automatic application of the TUPE Regulations which will effect a transfer of a number of existing Council Highways Service staff and BAM Nuttall term maintenance operatives currently providing highway services to the Council, to the Preferred Bidder.

5.    To accept the recommendation from the Transformation of Highways Sub Committee, following its meeting earlier on 6 June 2011, that Ringway Jacobs be appointed as Preferred Bidder and subsequently be appointed Service Provider.

RESOLVED

1.    That the previously approved evaluation process used to determine the Preferred Bidder for the Highway Services Contract be confirmed.

2.    That approval be given to the recommendation that the Preferred Bidder be the company which received the highest score, in accordance with the tender evaluation process, and that the Highways Services Contract be entered into.  

3.    That final contract negotiations with the Preferred Bidder be delegated to the Borough Solicitor, the Borough Treasurer, and the Strategic Director Places, in consulstation with relevant Portfolio Holders.

4.    That it be noted that the award of the Highways Services Contract will trigger the automatic application of the TUPE Regulations which will effect a transfer of a number of existing Council Highways Service staff and BAM Nuttall term maintenance operatives currently providing highway services to the Council, to the Preferred Bidder.

5.    That approval be given to the recommendation from the Transformation of Highways Sub Committee, following its meeting earlier on 6 June 2011, that Ringway Jacobs be appointed as Preferred Bidder and subsequently be appointed Service Provider.