Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
To direct award contracts for the provision of Asymptomatic Community
Testing in accordance with the Council’s Scheme of Delegation item 32 for Chief
Executive to take all actions considered necessary under extreme emergency and
Public Contract Regulations 2015 (PCR15) 32 “Use of negotiated procedure
without prior publication”, where a state of an urgency (emergency) can be
substantiated by the contracting authority.
Cllr. Spencer Flower (Leader) and Cllr. Laura Miller have been consulted
(by email).
The Department Health and Social Care announced the roll out of community
asymptomatic testing using lateral flow devices for those who are permitted to leave home for work
(including essential voluntary work) and who are unable to access asymptomatic
testing through other routes. This is particularly for those who work in providing critical services to support communities or
respond to the pandemic and those at higher risk of infection and transmission
themselves or who interact with those who are at higher risk.
There is therefore a requirement to put
contracts in place with providers for this service across the County of Dorset.
Following urgent supplier engagement discussions, two providers have been
identified who are able to deliver at the required pace, which are:
·
Event Security Southern (ESS) – for the Dorset Council area
·
Showsec – for the BCP Council area
Both providers are already engaged with each council for the delivery
of the local authority asymptomatic community testing therefore are deemed best
placed to expand this into community testing. There is a real urgency around
the award of these contracts for the delivery of asymptomatic community testing
which will be a value over £500k and as such, cannot wait until a meeting of
the Cabinet to approve this expenditure as a key decision.
The proposed contract values are as follows.
1. BCP Council, via Showsec: Total estimated
costs: £594,792
These costs are based on:
2. Dorset Council: Total estimated costs: £821,185
All sites have flexible capacity so that if the Government includes
other cohorts in community testing we can expand the
operation and absorb this additional activity. It can also support some
postcode specific testing if needed.
Total: £1,415,977
Please note the following caveats:
Under an agreement with the Department of Health and Social Care, there
is a reimbursement scheme in place for community testing, with Councils
eligible to receive up to £14 per completed test under the scheme. Allowing for
some deductions for consumables, we have calculated that we should be eligible
to receive income to cover the total anticipated cost of £1,415,977. However,
this is dependent on high take up of community testing, so the initial contract
values set out in this decision for award is intended to provide certainty to
the providers, in advance of the final settlement from DHSC.
Dorset Council does
not have sufficient time to comply with standard procurement procedure
timescales as stipulated by the Public Contract Regulations 2015 (PCR15). The
Council considers this to be a state of urgency which it has duly substantiated.
Accordingly, the Council is applying PCR15 32 “Use of negotiated procedure
without prior publication”, namely 32 (2c) “insofar as is strictly necessary
where, for reasons of extreme urgency brought about by events unforeseeable by
the contracting authority, the time limits for open or restricted procedures or
competitive procedures without negotiation cannot be complied with”.
This delegated decision is being taken in accordance with Scheme of
Delegation item 32 (Chief Officer decisions in cases of urgency). There is an
urgency to undertake all action considered necessary by the Chief Executive,
due to the continuing COVID-19 pandemic, and requirement to fit tight
timescales around starting community testing (a 6-week programme until March
31, 2021). The action we are seeking under urgency powers is to take a key
decision to award contracts to the two suppliers as detailed above.
Rapid procurement - time window too short for this to be feasible.
No conflicts of interest.
Publication date: 11/02/2021
Date of decision: 10/02/2021