Contract Termination and Interim Single Tender Contract Award

A MOPAC supplier has advised that it has gone into administration and as a result MPS seek approval for the termination of the contract. In order to maintain the service an interim 12 month single tender contract award at a value of up to £175,000 to a different supplier is proposed. During the 12 month period the re-procurement of the service will be undertaken.

The Deputy Mayor for Policing and Crime is recommended to:

1. Approve the early termination of the contract with the supplier as set out in the exempt section of this report.

2. Approve the award by single-tender action of a contract with the supplier as set out in the exempt section of this report with a value of £175,000 and a term of one year.

1. Introduction and background

1.1. A current Metropolitan Police Service (MPS) supplier has advised that it has gone into administration.

2. Issues for consideration

2.1. This paper seeks the early termination of the current contract, and the award of a interim 12 month contract under a single tender action with an alternative supplier at a cost of upto £175,000.

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

3. Financial Comments

3.1. The detail of the costs associated with the termination are set out in the restricted section of this report. The MPS assure that the cost of the proposed single tender contract award of £175,000 over 12 months is affordable.

4. Legal Comments

4.1. MPS Legal assure that the termination of the current contract and the award of a interim contract are legally compliant.

4.2. 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.

4.3. 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 contract exemptions for £100,000 or above.

5. Commercial Issues

5.1. A paper seeking the longer term re-procurement of this service will be submitted to MOPAC in due course.

5.2. Further detail is contained in the restricted section of this report.

6. GDPR and Data Privacy

6.1. 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.

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

7. Equality Comments

7.1. 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.

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

8. Background/supporting papers

• Appendix 1 MPS Report - Contract Termination