DMFD270 Asbestos consultancy services contract

1.1.    Report LFC-25-033 to the London Fire Commissioner (LFC) provides a detailed overview of the request for agreement to procure and award a contract for asbestos consultancy services. This decision paper provides a summary of that report.

1.2.    The Control of Asbestos Regulations 2012 (the 2012 Regulations) set out the duty of all premises owners and managers to manage the risks from asbestos to those using or working within the premises. The Asbestos Consultancy Services contract ensures compliance with these regulations.

1.3.    The current contract is held by Tersus Limited, and is due to expire in November 2025. No further extensions are available; therefore, a new procurement is required. The new contract will include the provisions of a wider scope of technical training for London Fire Brigade (LFB) Property staff; this will ensure technical competence and awareness to include accredited training in compliance activities.
 

2.1.    The new contract term will be three years, with the two optional one-year extensions. LFB intends to use these two extensions, providing service delivery is being achieved; and market rates at the time of the extension show value for money is being achieved.

2.2.    The contract is expected to ensure LFB premises are safe for staff and visitors; and that robust processes are in place to manage asbestos within the LFB estate.
 

3.1.    The LFC and the Deputy Mayor for Planning, Regeneration and the Fire Service (the Deputy Mayor) are required to have due regard to the Public Sector Equality Duty (section 149 of the Equality Act 2010) when taking decisions. This in broad terms involves understanding the potential impact of policy and decisions on different people, taking this into account and then evidencing how decisions were reached.

3.2.    It is important to note that consideration of the Public Sector Equality Duty is not a one-off task. The duty must be fulfilled before taking a decision, at the time of taking a decision, and after the decision has been taken.

3.3.    The protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership (but only in respect of the requirements to have due regard to the need to eliminate discrimination), race (ethnic or national origins, colour or nationality), religion or belief (including lack of belief), sex, and sexual orientation.

3.4.    The Public Sector Equality Duty requires decision-takers in the exercise of all their functions, to have due regard to the need to:

•    eliminate discrimination, harassment and victimisation and other prohibited conduct
•    advance equality of opportunity between people who share a relevant protected characteristic and persons who do not share it
•    foster good relations between people who share a relevant protected characteristic and persons who do not share it.

3.5.    Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:

•    remove or minimise disadvantages suffered by persons who share a relevant protected characteristic where those disadvantages are connected to that characteristic
•    take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it
•    encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

3.6.    The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons’ disabilities.

3.7.    Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:

•    tackle prejudice 
•    promote understanding.

3.8.    An Equalities Impact Assessment has been completed and is attached at Appendix 1. The outcome of the assessment is expected to consider: the number of individuals affected by asbestos-related illnesses; and the training requirements of individuals with neurodivergent needs.
 

Workforce comments

4.1.    The delivery of asbestos services (including refurbishment and demolition surveys; planned annual inspections; removals; air-quality testing; training; and consultancy advice) will ensure that the workforce welfare and health is maintained, and risks are safely managed. It will also allow accredited training to be delivered to improve knowledge throughout the workforce.

Procurement comments

4.2.    The contract will be competitively tendered using the Consortium Framework Lot 1, which covers the required scope of services. Following initial market engagement, Bureau Veritas was considered as a potential supplier for the provision of asbestos-related services. However, upon further exploration, it was confirmed that Bureau Veritas cannot deliver the full scope of services required, which includes consultancy, training, management, and the ability to quote for third-party removal works. As such, they have been ruled out as a viable option. Subsequent market research identified a suitable route to market via the Consortium Asbestos, Legionella and Mould Management Framework. We propose to use Lot 4: Asbestos, Legionella and Mould Fully Managed Service, which is specifically designed for the full-service provision required. This procurement will be conducted under the Public Contracts Regulations 2015, as the Procurement Act 2023 will not apply in this instance. Lot 4 of the framework includes two suppliers, one of whom is the incumbent provider; this enables a compliant, competitive and efficient route to award, while maintaining continuity and value for money.

Conflicts of interest

4.3.    There are no conflicts of interest to declare from those involved in the drafting or clearance of this decision.
 

5.1.    This report seeks approval to award a contract for asbestos consultancy services by up to five years (three years with the option to extend for up to two more years), when the current asbestos consultancy services agreement expires in November 2025.  All costs related to the agreement will be solely funded by the LFC.

5.2.    The contract for asbestos consultancy services has been operational for a number of years, as it is an ongoing requirement. There is sufficient budget cover for the contract extensions across all years.
 

The London Fire Commissioner’s General Counsel Department has advised as follows:  

6.1.    Under section 9 of the Policing and Crime Act 2017, the LFC is established as a corporation sole with the Mayor appointing the occupant of that office. Under section 327D of the GLA Act 1999, as amended by the Policing and Crime Act 2017, the Mayor may issue to the LFC specific or general directions as to the manner in which the holder of that office is to exercise his or her functions.

6.2.    By direction dated 1 April 2018, the Mayor set out those matters, for which the LFC would require the prior approval of either the Mayor or the Deputy Mayor.

6.3.    Paragraph (b) of Part 2 of the direction requires the LFC to seek the prior approval of the Deputy Mayor before “[a] commitment to expenditure (capital or revenue) of £150,000 or above as identified in accordance with normal accounting practices”.

6.4.    The Deputy Mayor's approval is accordingly required for the LFC to enter into a contract for the services set out in this report at a value set out in part 2 to this report.

6.5.    The 2012 Regulations create a functional requirement upon the LFC by requiring that, to manage the risk from asbestos in non-domestic premises, the duty holder in relation to those premises (the LFC, for the purposes of the estate of properties owned by the LFC) must ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises. If asbestos is present, a plan must be produced to assess and manage the risks this poses. It is therefore within the LFC’s functional powers undertake the actions set out in this report.

6.6.    The LFC may delegate authority to the Assistant Director, Procurement and Commercial, to undertake the procurement and award a contract.