Agenda, decisions and minutes

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

There were no declarations of interest received.

Purpose:  To seek approval for an exception to be granted to the Council’s Contract Rules of Procedure.

Resolved that an exception would be granted to the Council’s Contract Rules of Procedure under Paragraph 11.11.7(c) for the retender of the Highwood Copse Construction Contract by way of issuing an Invitation to Tender document to two identified contractors and to award the contract to the successful bidder.

This decision is not subject to call in as:

·      the item is deemed as an Urgent Key Decision as set out in Rule 5.4.7 of the Constitution.

therefore it will be implemented immediately.

The Executive considered a report (Agenda Item 3) which sought approval for an exception to be granted to the Council’s Contract Rules of Procedure for the retender of the Highwood Copse Construction Contract. This would be by way of issuing an Invitation to Tender document to two identified contractors and to award the contract to the successful bidder.

Councillor Lynne Doherty explained that this was being proposed as the contractor delivering the Highwood Copse project, Dawnus Construction, had gone into administration in mid-March 2019.

The Council’s greatest priority for this project had always been to school children and their families, and the granting of this exception would enable the school to be completed ahead of the Spring of 2020. This would give prospective school children and their families an opportunity to view the completed school before it opened in September 2020.

Councillor Jeanette Clifford asked Councillor Doherty to comment on whether or not due diligence had been followed for the original appointment of this contract.

Councillor Doherty explained that the Council had appointed Dawnus Construction following a full tender process. All required due diligence checks had been undertaken as part of this process including accounts. No issues had been raised at this time. In addition, the Council had appointed Dawnus Construction on previous occasions and therefore had experience of their work.

Councillor Doherty added that advanced payments had not been made to Dawnus Construction with payments only made for works that had been completed.

RESOLVED that an exception would be granted to the Council’s Contract Rules of Procedure under Paragraph 11.11.7(c) for the retender of the Highwood Copse Construction Contract by way of issuing an Invitation to Tender document to two identified contractors and to award the contract to the successful bidder.

Other options considered:

·         Full tender starting with advertisement.  Longest timescale to deliver with no prospect of achieving a competitive price.

·         Select a framework.  Quick timescale but where the two identified contractors most likely to provide value for money are not on the same framework.

·         Revisit contractors who tendered the contract during 2018.  Long timescale and where, with the exception of one contractor, there is no prospect of achieving a competitive price.  The one competitive contractor in this previous process is one of the two contractors from whom it is proposed to seek a tender price.

·         Direct award to one contractor.  Quickest timescale and but with no competition.