PCD 1534 Early Termination of part of the National Legal Services Framework (NLSF)

PCD 1534  Early Termination of part of the National Legal Services Framework (NLSF)

This paper seeks approval for the early termination of one of the contractors on the National Legal Services Framework (NLSF) (Lot 2 - Civil Litigation and Personal Injury) on basis of administration status. 

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve the early termination of a contract part of the NLSF (Lot 2 – Civil Litigation and Personal Injury)  for one of the contractors on the basis of administration status as set out in the exempt section of this report.  

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

1. Introduction and background   

1. The Directorate of Legal Services (DLS) has become aware that one  NLSF contractors, for Lot 2 (Civil Litigation and Personal Injury) has gone into administration. 

2. Issues for consideration.  

1. This request is for the contractor’s contract to be terminated on the grounds that the contractor has gone into administration as set out in the exempt section of this paper. 

2. Due to commercial issues further detail is contained in the restricted section of this report.  

3. Financial Comments.  

4. Notice of termination of a contractor's part of the NLSF due to a change in circumstances must be served on the contractor within six months of MOPAC being informed or becoming aware of the supplier going into administration.  

2. The two remaining Lot 2 contractors have confirmed to DLS  that they will have the resources to perform additional work 

4. Legal Comments. 

1. MPS legal assure that early termination of the contract is compliant with procurement law and the NLSF contract terms.  

2. The MOPAC Scheme of Consent and Delegation (“Scheme”) 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. 

3. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides the Deputy Mayor for Policing and Crime has delegated authority to approve the early termination of all contracts of £500,000 or above.  

4. Commercial Issues.  

5. MPS legal  recognises that reducing the number of Lot 2 contractors from three to two may have an adverse impact on resilience and competition. However, Legal Services  assures that the two remaining contractors' continuous satisfactory presence and performance for the duration of the NLSF period (until 2025) should be sufficient to manage users' needs. 

6. Legal Services  and commercial are confident that there is  enough capacity to handle ongoing demand and will keep this under constant review 

7. GDPR and Data Privacy  

8. 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.   

9. The MPS assures that a Data Protection Impact Assessment is not currently required. 

10. Equality Comments  

11. 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. 

12. The MPS has assured that there are no equality or diversity issues relating to changing  

supplier 

8. Background/supporting papers 

9. MPS  Report Early Termination of part of the National Legal Services Framework (NLSF)