Issue - meetings

(Report of the Director of the Children and Young People’s Service): To seek approval to award the pre-construction contract for Heartlands High School following a mini competition from the BSF Constructor Partners Framework. NOT AVAILABLE AT TIME OF COLLATION

The Appendices to the interleaved report were the subject of a motion to exclude the press and public from the meeting as they contained exempt information relating to the business or financial affairs of any particular person.

We received a report seeking approval to award a pre-construction contract for Heartlands High School following a mini competition from the BSF Constructor Partners framework. Three contractors accepted to tender and were assessed for suitability using a price/quality evaluation matrix. We were advised that following concerns relating to the highest scoring contractors ability to meet the strict deadlines for the programme that were not mitigated despite seeking extensive clarification, that the contractor with the second highest score under the matrix would be recommended for approval. We recognised a limited risk of legal challenge against the contract award as a result of excluding the highest scoring contractor. It was agreed that the risks were superseded by the need to select a contractor displaying the most credible assurance of meeting the required construction deadlines by accelerating the design and procurement of the works packages necessary to achieve the programme deadlines.

Concern was expressed regarding the level of financial risk associated with the recommended contractor bringing forward specified enabling works on site deemed necessary to achieve the completion dates prior to securing Final Business Case approval. Arising from our consideration of paragraph 12.4 of the report we noted that following consultation with the Leader and the Cabinet Member for Children and Young People, the Director of the Children and Young People had agreed to approve by way of delegated authority to a number of enabling works packages to Building Schools for the Future schemes being progressed in advance of the approval to the Final Business Case being received. The total value of these works was not more than £1 million.

We noted that the award of this contract to the recommended contractor would constitute the fifth BSF project awarded to the company. In response to concerns regarding the financial stability of the contractor related to the delivery demands of several contracts, it was confirmed that Parent Company Guarantees were agreed as part of the BSF framework. Clarification would be sought by the Head of Procurement regarding the position of the contractor with their bank.

In response to concerns regarding the outstanding issue of obtaining planning permission for the site, we sought confirmation that the report would be submitted to Planning Committee scheduled for 10 November 2008, with the Leader of the Council expediting the process if necessary.  

RESOLVED:

1. That, in accordance with Contract Standing Order 11.01, approval be granted to the award of the pre-construction agreement for Heartlands High School to the contractor and sum outlined in paragraph 18.3 of the interleaved exempt Appendix (item 13).