Agenda and minutes

Apologies for absence were submitted by Councillor Adje and by Councillor Hillman for whom Councillor Meehan deputised.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgment of the public interest.

Councillor Diakides in respect of Agenda Item 7 (see Minute PROC 62) below.

To confirm and sign the minutes of the meeting of the Procurement Committee held on 6 December 2005.

RESOLVED:

That the minutes of the meeting held on 6 December 2005 be approved and signed.

(Report of the Head of Legal Services and Monitoring Officer): To seek the Committee’s support in recommending revisions to Contract Standing Orders on Tender Opening Procedures.

We noted that it was proposed that the special procedure for tenders over £150,000 in value be abolished and to have a uniform process for all tender openings similar to that already existing but not involving the Legal Service. We also noted that it was to be made express in Contract Standing Orders that the tender opening officers were to come from a different team from that involved in commissioning the tenders and that the selection, training and arrangements for due independence of the tender opening officers were to be approved by the Head of Corporate Procurement who was in the process of completing a Training Manual for the use of these officers.

Having regard to the concerns previously expressed by the General Purposes Committee in relation to the possible risks of fraud and corruption if tender opening teams were drawn from the same Directorate as the tender commissioning team, the Head of Internal Audit and Risk Management had indicated that any extra risk from the revised arrangements proposed could be mitigated by an appropriate framework which defined the standard practices to be followed by all Directorates. We were of the view that details of such a framework to be devised by the Head of Internal Audit and Risk Management in conjunction with the Head of Procurement should be included when the proposals were re-submitted to the General Purposes Committee. As suggested in the report, audit trails should be maintained which should be reviewed and monitored by service management and Internal Audit. We also endorsed the suggestion that spot checks be made by managers on compliance should be included in the agreed framework and made part of the routine checking process signed off by managers.

Further, the additional safeguard outlined of Internal Audit including a review of the tender opening process as part of the annual audit programme of work should be adopted to provide assurance that the risks were being managed effectively and that the controls were in place and operating as intended.  We would wish to receive a report on each Review at a meeting of our Committee.

RESOLVED:

1. That, subject to an appropriate framework which defined the standard practices to be followed by all Directorates being agreed by the General Purposes Committee and to the additional safeguards outlined above, approval be granted to the proposals to amend Contract Standing Orders on Tender Opening Procedures, as described in paragraphs 8.2 and 8.3 and set out in Appendix 1 to the interleaved report.

2. That, subject to 1. above, the General Purposes Committee be requested to recommend the  full Council to amend the Constitution accordingly.

(Report of the Director of Housing): To seek Members agreement to award the contract for Seven Sisters Shop Front Renewal. FAILED TO MEET DESPATCH DATE

We noted that this item had been withdrawn.

(Report of the Director of the Children’s Service): To seek approval to a waiver of CSO 6.04 (Requirement to Tender) in connection with community based risk and safeguarding assessment of children and their families.

Details of the market mapping exercise and market testing exercise which were set out in Appendices 1 and 2 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 terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods and services.

RESOLVED:

That, in accordance with Contract Standing Orders 7.2 and 7.3(a) and (d), approval be granted to a waiver of Contract Standing Order 6.4 (Requirement to Tender) in connection with the contract for community based risk and safeguarding assessment of children and families. 

To consider any new items of exempt urgent business admitted at item 2.

Our Chair agreed to accept the report as urgent business. The report was late because of the need to conclude negotiations and the related increase in total contract price. The report was too urgent to await the next meeting because of the need to finalise the Stage 2 contract award.

This item was the subject of a motion to exclude the press and public from the meeting as it contained exempt information relating to terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods and services.

We noted that pursuant to our decision of 12 July 2005 (vide Minute PC 24) a two stage procurement process had been followed in respect of Leisure Centres Investment and the Stage 1 contract was awarded to Crispin and Borst. Authority had also been grated to the Director of Environmental Services, in consultation with the Executive Member for Environmental Services to finalise Stage 2 negotiations and contract award within a threshold figure.

We also noted that on conclusion of negotiations in relation to Stage 2 works the costs had risen above the previously agreed threshold although still within the approved total investment budget.  In view of the need to finalise the Stage 2 contract award before the Christmas holiday, action had been taken under the Council’s urgency procedures in consultation with the Leader of the Council to approve a revised contract price threshold and to grant delegated authority to the Director of Environmental Services in consultation with the Executive Member for Environment and Conservation to finalise the contract detail and award.

RESOLVED:

That the action taken by the Director of Environmental Services in consultation with the Leader as outlined above be noted.