PCD 1668 Procurement of Clinical & Offensive Waste Services

Executive Summary:   

This paper seeks approval for the award of a contract for the supply of a service for the collection and management of clinical and offensive waste. The estimated upto 5 year value is £1,487,420 which will be funded from within existing MPS budgets.  

Recommendation:  

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve the award of contract to the second place bidder (PHS Limited) on a 3+1+1 year term with a total contract value of upto £1,487,420.  

2. Retrospectively approve the non-compliant extension of the existing contract to January 2025 to allow for MOPAC approval to award 

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

1. Introduction and background 

1. The existing contract was due to expire at the end of April 2023.  MOPAC approved the initiation of procurement for this service in April 2022 – see PCD1151.  

2. The services include planned visits to MPS Custody Suites to remove bagged, clinical waste; provision and emptying of sharps bins; provision and regular emptying of feminine hygiene bins;  provision and regular emptying of dog waste bins; and reactive services for the aforementioned if/when there is additional operational demand. 

2. Issues for consideration 

1. The MPS implemented a tender process and the top ranked tenderer was awarded the contract but then withdrew from the process.  

2. As the second placed tended bid is in excess of the approved level for the service as set out in PCD1151 at £799,000 MOPAC is required to approved the contract award.     

3. Financial Comments 

1. The estimated 5-year contract value is upto £1,487,420. The MPS assure that this will be met from within the Property Services Directorate overall budget.  

4. Legal Comments 

1. MOPAC is a contracting authority as defined in the Public Contract Regulations 2015 (the Regulations).  All awards of public contracts for goods and/or services valued at £213,477 or above shall be procured in accordance with the Regulations.  

2. The MPS Directorate of Legal Services (DLS) assure that proposal is lawful. 

3. Paragraph 4.14 of the MOPAC Scheme of Delegation and Consent provides that the DMPC has the right to call in:- • Any MPS proposal to award a contract for £500,000 or above. • All variations and extensions to contracts with an original value of £500,000 or above. 

5. Commercial Issues 

1. The services include planned visits to MPS Custody Suites to remove bagged, clinical waste; provision and emptying of sharps bins; provision and regular emptying of feminine hygiene bins;  provision and regular emptying of dog waste bins; and reactive services for the aforementioned if/when there is additional operational demand. 

2. The tender process was by way of competitive tender under the Eastern Shires  Purchasing Organisation (ESPO) framework as per PCD1151.  Under its delegated authority the MPS approved a contract extension for the period from April 2023 to January 2024 while the negotiations to finalise the contract award were carried out.  

3. The original proposed successful bidder withdrew from the tender process in October 2023 after the award of contract citing they had made an error in not understanding the extent and demands placed on them by the contract terms and conditions e.g. security clearance, data security etc. and advised that they were unable to deliver the services for the price they had bid. 

4. As part of the negotiations with the second placed bidder (the incumbent) the MPS agreed a one-year interim contract to ensure continuity of service from the period January 2024 to January 2025.  

5. As the second placed bidders price is in excess of the level approved by MOPAC in the paper initiating the procurement the contract award decision must be referred to MOPAC. 

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 contract does not use personally identifiable data of members of the public, so there are no 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. The MPS assure that the framework provider ESPO (Eastern Shires Purchasing Organisation) have completed all due diligence against their suppliers including Equality and Diversity. MPS have confirmed with ESPO that the London Living Wage must be used for this tender. 

8. Background/supporting papers 

• Appendix 1 – MPS Report - Property Services Department – Clinical & Offensive Waste Service Contract Award