Issue - items at meetings - Supported Living PIN Response/Contract Award

Report of the Executive Director, Health and Adult Social Care (copy attached)

RESOLVED - That the Sub Committee notes the outcome of the procurement and agrees that the contract will be awarded to the wining bidder.

22.1    The Sub Committee considered a report of the Executive Director Health and Adult Social Care in respect of the Supported Living Prior Information Notice and Award.

22.2    It was explained that the Council was facing increased demand for Supported Living services in the city to meet the needs of adults with learning disabilities, including those coming through transition and those with complex needs. As a result of the lack of local provision many individuals with such needs were being placed outside of the city, often in placements at high cost which were an overprovision. To address this approval had been sought to issue Prior Information Notices (PINs) as Calls for Competition to the market to enable delivery of the necessary services.

22.3    A report had been presented to the Sub Committee in November 2022,(comprised of a different membership at that time) and in consequence of an amendment made to the recommendations it had been agreed that a report be placed before the Procurement Advisory Board (PAB) before the PIN was issued. PAB had considered that report at their meeting on 13 February 2023 at which time it had considered and overseen the content of the PIN before it was issued including the proposed award criteria in the event of multiple suitable expressions of interest.

22.4    At its meeting in November 2033, the Sub Committee had also requested that a report came back before it, identifying the preferred provider and seeking approval for their appointment. That report was now before the Sub Committee for its approval and details of the tender process were detailed in the report as was an analysis and consideration of any alternative options and the community engagement and consultation which had taken place.

22.5    Councillors Miller, Galvin and West stated that they had not been party to the original decision and the rationale for the decision that the report be referred back to the Sub Committee.

22.6    The Legal Adviser to the Sub Committee explained that it was unusual for a PIN to be referred back in this way. It was not, due however, to any concerns in respect of the process to be followed. The Council was required to comply with the Public Contracts Regulations 2015 in relation to the procurement and award of contracts above the relevant financial threshold. It would not be compliant with the regulations to award the contract to any supplier other than the successful bidder. If the process were to be abandoned tenderers were required to be informed of that situation and that decision could be subject to legal challenge.

22.7    Whilst Councillors Galvin, Miller and West considered that there was nothing to suggest that there had been any irregularity in this process they did not feel that they had sufficient information/knowledge in order to determine the matter.

22.8    Councillors Burden and Winder were content that the information provided in the report and at the meeting explained the position fully and therefore supported the report recommendation.

22.9    A vote was taken and on a vote of 2 for with 3 abstentions the report recommendation was approved.

22.10  RESOLVED - That the Sub Committee notes the outcome of the procurement and agrees that the contract will be awarded to the wining bidder.