Agenda item

            The Board received a report of the Strategic Director, Health and Community which advised the Board of the decision by the Chief Executive in awarding two contracts as a matter of urgency due to unforeseen circumstances. In addition, the report sought authorisation from the Board for further extension of the two contracts in the light of the exceptional circumstances and urgency of the situation.

            It was reported that the powers of the Chief Executive had had to be utilised for a period of 48 hours between the contract expiry (31^st March 2009) and date of the Board meeting (2^nd April 2009). It was noted that this had occurred because the Department of Communities and Local Government notification of the successful bids for funding for the Handyperson Service was delayed. In addition, it was attributable to capacity issues within the service and the team having to prioritise the domiciliary care and residential care contracts.

            The Board was advised that a contract for the provision of minor adaptations had existed between Halton Borough Council and J. C. Construction Limited since April 2006. It was noted that the awarding of the contract followed a full tendering process and a contract awarded for £52,000 per annum. The Board were informed that the contract was due to expire on 31^st March 2009.

            It was further advised that since the contract had been placed a responsive service had been provided for disabled people requiring minor adaptations, negating the need to obtain prices for individual jobs and improving service performance for the provision of minor adaptations within 7 days.

            It was reported that the service provided an average of 1,500 minor adaptations per year at an average unit cost of £35. The Board was advised that feedback from people using the service had been extremely positive with comments about the speed of provision, the courtesy of the provider, satisfaction with the work carried out and the improvement that had been made to independence. It was further noted that over the last three years J. C. Construction Limited had provided additional services to the value of a maximum of £20,000 per annum.  As part of the tendering process the new specification for the provision of minor adaptations would be expanded to provide a more comprehensive services and would include external adaptations such as half steps and external rails. It was notified that the proposed new contract would last for a period 3 years and would offer an option to extend beyond that for a further two years, subject to specified outcomes being delivered and specified targets being met. The Board was informed that the cost of the contract 2009/10 and subsequent years would be met from existing available budgetary provision.

            It was also noted that the absence of a contract would delay provision of minor adaptations and have a detrimental impact on service performance.

            The Board was advised that a contract of the provision of stair lifts had existed between Halton Borough Council and Lift Able Limited since 1^st April 2008. The awarding of the contract followed a full tendering process. The contract was due to expire on 31^st March 2009. This contract was on a non-exclusive basis. If required for flexibility purposes it was noted that the Council could go to other suppliers if for example Lift Able were not able to provide a lift. It was reported that since the contract had been in place a responsive, timely service had been provided for disabled people requiring stair lifts which had improved the service for users including those with palliative care needs.

            The service had provided 73 stair lifts to date in 2009 and feedback from people using the service had been positive with comments about the speed of provision and the helpfulness of the Lift Able representative. Furthermore it was reported that the new contract would last for a period of 3 years and would offer an option to extend beyond that for a further two years, subject to specified outcomes being delivered and specified targets being met.

            The cost of the contract for 2009/10 and subsequent years would be met from existing available budgetary provision and the absence of a contract for the provision of stair lifts would result in those being provided through the Disabled Facilities Grant process with the associated delays of that system.

            Detailed in the report was the business case for waiving standing orders which set out value for money, transparency, propriety and security, accountability and position of the contracts under the Public Contracts Regulations 2006.

            RESOLVED: That

1)     it be noted that on 18^th March 2009, the Chief Executive under Standing Order 1.7 Procurement Standing Orders authorised:

a.      the extension of contractual arrangements with JC Construction Limited until 2^nd April 2009 in order that a report could be submitted to the Executive Board requesting an extension until 31^st March 2010 to enable the Council to complete a competitive tendering exercise for the Minor Adaptations Service contract commencing 1^st April 2010.

b.      the extension of contractual arrangements with Lift Able Limited until 2^nd April 2009 in order that a report could be submitted to the Executive Board requesting an extension until 31^st March 2010 to enable the Council to compete a competitive tendering exercise for the stair lift service with the new contract commencing no later than 1^st April 2010;

2)     with effect from and including 2^nd April 2009 and for the purposes of Standing Order 1.6:

a.      in the exceptional circumstances – namely the need to allow time to explore the extent to which this and other contracts could be combined with other low level preventative services to improve economy, efficiency and effectiveness – set out below, Procurement Standing Orders 3.1 – 3.7 be waived to allow the existing contractual arrangements with JC Construction Limited to be extended until 31^st March 2010 in order that during the period of extension the Council was able to complete a competitive tendering exercise for the Minor Adaptations Service contract commencing 1^st April 2010;

b.      in the exceptional circumstances – namely the need to explore and finalise the central purchasing arrangement for this service with Northern Housing Consortium, Procurement Standing Orders 3.1. – 3.7 be waived to allow the existing contractual arrangements with Lift Able Limited to be extended until 31^st March 2010 so that during the period of extension the Council was able to complete a competitive tendering exercise for the stair lift service with the new contract commencing no later than 1^st April 2010;

3)     the Operational Director (Older People and Independent Living Services) in consultation with the relevant portfolio-holder be authorised to take such actions in respect of the above contracts as may be necessary to consolidate arrangements with other low level preventative services, to tender and to award the above contracts individually or on a consolidated basis; and

4)     in relation to the above it be resolved that these matters require immediate action.