PCD 1129 Procurement of Portable Accommodation and Portable Toilets

PCD 1129 Procurement of Portable Accommodation and Portable Toilets

This paper seeks approval for the arrangements for the supply of portable accommodation and toilets to meet operational requirements. An uplift in the value of the current contract of £281,949 is sought to enable continued service provision for a further 12 months, and approval for the early termination of the current contract in March 2023 is requested.  The paper also seeks approval to initiate re-procurement of the service to be effective from April 2023, for a initial term of 3 years with two 1 year optional extensions at an estimated value of £1,487,540 over the 5 years.  The costs of the uplift value and the on-going demand of the proposed re-procurement can be met from within existing budgets. The re-procurement exercise will include a contingency value to allow for unforeseen activities which would need to be funded as they occur.  

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve the uplift of the current contract value by 50% (£281,949) to provide coverage for planned and projected works; 

2. Approve the termination of the current contract early in order to be compliant under the PCR/OJEU regulations, and 

3. Approve the Re-procurement of the Service line through either a competitive procedure under the Public Contract Regulations (PCR 2015) or through a mini call off tender via an available identified Framework Agreement with a proposed new total contract value of £1,487,540. This is based on a proposed contract length of 3+1+1 years 

4. Approve to award the contract to the successful bidder following the compliant competitive procedure within a 10% tolerance of the values outlined in this paper –to be signed off by the MPS Commercial Director. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background  

1. The contract for the supply of portable accommodation and toilets was awarded with effect from April 2019 for an initial 5 year period with two optional 1 year extensions.  The level of spend has exceeded the anticipated level in part due to an under-estimate of volumes during the contract process and in part due to growth in events requiring this service.  

2. Issues for consideration 

1. In order to remain compliant with Public Contract Regulations an uplift in the value of current contract to enable continued service provision for a period of twelve months is sought during which a re-procurement of the service will be carried out. 

2. The early termination of the contract is required in order to remain compliant with Public Contract Regulations. 

3. The re-procurement during the next twelve months will provide for the continued supply of this service.  

3. Financial Comments 

1. The proposed uplift value of £281,949 to enable the continued provision of the service until March 2023 can be met from within existing Metropolitan Police Service budget.   

2. The estimate of the contract value for the service to be re-procured is £1,487,540 over a maximum term of 5 years.  Spend of £987,540 is based on current demand levels which is funded from within existing budgets.  A contingency of £500,000 is included in the proposed contract value to allow for access to the service for events which at this stage are uncertain.  Funding for contingent events would need to be identified as they occur. 

4. Legal Comments  

1. The Mayor's Office for Policing Crime is a contracting authority as defined in the Public Contracts Regulations 2015 ("the Regulations").  All awards of public contracts for goods and/or services valued at £213,477 or above will be procured in accordance with the Regulations.  

2. The Metropolitan Police Service Directorate of Legal Services assure that each of the proposed recommendations is permitted under the regulations, and that the contract terms permit the early termination of the contract. The ground for terminating the contract early is that the uplift in the contract is to the maximum allowed under Public Contract Regulations.  Termination is necessary in order to remain compliant with the Public Contracts Regulations.   

3. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all requests to go out to tender for contracts of £500,000 or above.   

4. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all unforeseen variations and extensions to contracts with an original value of £500,000 or above, when the variation or extension is greater than 10% of the original value and/or is for a period of more than 12 months. 

5. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve the early termination of all contracts of £500,000, or where, irrespective of the value, the request is felt to be of an exceptional nature because of particular difficulties, sensitivities or potential public interest. 

5. Commercial Issues 

1. The service for which these procurement actions are requested relate to the supply of portable accommodation and portable toilets.  The supplier is required to provide a resilient, flexible, and reliable service aligned to business need and have the ability to react rapidly and respond to all call outs and emergency/incident responses on a 24/7/365 basis. 

2. The uplift in the contract value of £281,949 is required to enable the on-going provision of the service for the minimum time to allow for a re-procurement. As the uplift in value is 50% of the original contract value there is the need for the re-procurement of the service and the early (March 2023) termination of the existing contract.  

3. The Met report that the re-procurement will take account of responsible procurement and social value including elements of the Anchor Institution charter objectives as part of the evaluation process. 

6. GDPR and Data Privacy 

1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.   

2. The MPS assure that the proposal does not use currently personally identifiable data of members of the public, so there are no current GDPR issues to be considered. 

7. Equality Comments 

1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

2. These contract changes are expected to result in minimal equality impacts as due diligence of any provider is always undertaken to maintain the highest levels of equality, and noting the MOPAC commitment across all contracts to guarantee payment of the Mayor’s London Living Wage. 

8. Background/supporting papers 

• Appendix 1 MPS Report - The Provision of the Supply and Hire of Portable Accommodation and Portable Toilets