Key information
Executive summary
The Metropolitan Police Service (MPS) are seeking to award a contract for the purchase of Pursuit Cars via the Crown and Commercial Services (CCS) Vehicle Purchase Framework Agreement.
- The framework period is from 2nd December 2014 to 1st December 2018, the contract is within the technical and financial scope of the framework. The duration of the contract will be 48 months commencing in November 2018.
- The contract is valued at £2.6M.This remains affordable within the overall approved Fleet Capital Programme 2018/19 to 2021/22.
- Approval to initiate procurement action was granted by the Deputy Mayor for Policing and Crime in September 2017, as part of the MPS Vehicle Replacement Programme 2018 to 2021/22.
- The fuel and emission strategy adopted for this tender was to target specify Diesel Euro 6 technology, to enable the replacement of large 4x4 diesel vehicles with vehicles that meet the latest emission standards and will comply with the forthcoming Ultra-Low Emission Zone.
Recommendation
The Deputy Mayor for Policing and Crime is recommended to:
- Approve the award of the contract for the purchase of Pursuit Cars to be funded from the approved Fleet Capital Programme 2018 to 2021/22, for a four year period commencing November 2018 to BMW UK Ltd for £2.6M.
Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. This contract will facilitate the purchase of replacement vehicles within 2018 and will enable Fleet Services to deliver operational vehicles as required to support the Vehicle Replacement Programme.
1.2. The DMPC approved the procurement initiation in in September 2017 (PCD254) as part of the MPS Vehicle Replacement Programme 2018 to 2021/22.
2. Issues for consideration
2.1. The fuel and emission strategy adopted for this tender was to target specify Diesel Euro 6 technology, to enable the replacement of large 4x4 diesel vehicles with vehicles that meet the latest emission standards and will comply with the forthcoming Ultra-Low Emission Zone.
3. Financial Comments
3.1. The contract is valued at £2.6M over the four year period and is within the initial value approved by the DMPC in September 2017 (PCD254).
3.2. The funding for these contracts is incorporated in the approved Fleet Capital Programme 2018 to 2021/22.
4. Legal Comments
4.1. The Mayor’s Office for Policing and Crime (MOPAC) is a contracting authority as defined in the Public Contracts Regulations 2015 (PCR 2015). This report confirms the value of the proposed requirements exceed this threshold.
4.2. This report identifies a Crown Commercial Services (CCS) framework agreement as MOPAC’s preferred procurement route. A compliantly procured framework agreement shall constitute a compliant route to market on the basis the framework is still in force, the MOPAC is identified as an eligible user of the framework, the MOPAC's requirements are within the technical and financial scope of the framework and the call-off procedure set out in the framework is followed. The Procurement Strategy and Tendering Process sections to this report confirm that the above are met.
4.3. This report also confirms the duration of the proposed call-off contract would be for four years and it will be placed in the final weeks of the term of the framework. Guidance on the use of framework agreements published by the CCS provides that call-off contracts may extend beyond the life of the framework itself however it should not be done in order to circumvent the EU procurement rules. It follows that a call-off contract within the normal ordering patterns under the framework will be compliant. DLS has been provided with a guidance note contained within the call-off contract terms drafted by the CCS. It provides “The Crown Commercial Service recommends that the duration of the Call Off Contract Period should usually be no longer than four (4) years”.
4.4. Paragraph 7.23 of the Scheme provides that the Director of Strategic Procurement has consent to award all contracts with the exception of those called in through the agreed call in procedure. Paragraph 4.14 provides that the DMPC reserves the right to call in all contract awards of £500,000 or above.
5. GDPR and Data Privacy
5.1. The programme does not use personally identifiable data of members of the public therefore there are no GDPR issues to be considered.
6. Equality Comments
6.1. There are no negative equality or diversity implications arising from this proposal.
7. Background/supporting papers
7.1. Report
Signed decision document
PCD 487