Issue - decisions

Mulberry Primary School - Condition Works - Permission to initiate tender action for a Construction Works Contract

19/03/2026 - Mulberry Primary School - Condition Works - Permission to initiate tender action for a Construction Works Contract

DECLARATIONS OF INTEREST MADE FOR THIS ITEM:

 

None

 

RESOLVED:

 

That the Cabinet Member for Children, Education and Families:

 

1.    Pursuant to Contract Standing Orders 0.08 and 2.01(b), approved the commencement of a tendering process for construction works contractors to deliver Phase 1 and Phase 2 condition works at Mulberry Primary School.

Reasons for Decision

An estate?wide review of school condition and compliance had resulted in a business case and programme delivery plan submission to the September 2020 Capital Board for approval. A number of programme delivery options had been presented for consideration, and approval was subsequently granted to proceed with the most urgent projects in advance of a final decision. This project was proposed, as it had been prioritised in the 2024–25 Children’s Capital Programme.

Due to significant concerns regarding areas of the building’s condition, Mulberry Primary School had been identified as requiring works to bring its building condition and services infrastructure up to standard.

It was essential to engage a construction works contractor to undertake the condition works required to address the health and safety concerns and priority condition issues that had been identified within the feasibility report.

It was proposed that a contractor be procured on a single?stage JCT traditional form of contract using the London Construction Programme Education Framework or DPS. Soft market engagement had been programmed to be undertaken in April 2026 to ascertain interest and availability within the market.

As set out in section 1.2, it had been intended to develop the design and offer two separate tender opportunities to the market for the procurement of a construction works contractor. Phase 1 procurement activity was projected to commence in July 2026, and Phase 2 works had been scheduled for tender action in March 2027. The works had been phased to reflect available capital funding.

Alternative Options Considered

Doing nothing: The Council could have decided not to tender the scheme. This might have seemed cost?effective in the short term, but it would not have been a sustainable solution, as the school would not have met current compliance and health and safety standards. This approach would have risked the Council’s ability to fulfil its statutory responsibilities and potentially compromised the safety and integrity of the building, which could have resulted in more serious financial and operational implications in the future.

In?house: There was no resource within the Council that had the capacity, specialist expertise, or qualifications to deliver this service.

Inviting open tenders via Contracts Finder: This would have resulted in a protracted tender period and delayed delivery of the project.

Using an alternative public sector DPS: This would not have been compliant with CSO 8.02, given that the LCP Framework or DPS had been deemed suitable for the requirements being sought.