The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to the implementation of a new Independent Consultancy Services Framework to support the delivery of the Capital Works Programmes over a 6-year (4-year+1+1) contract period to include the following disciplines:
• Lot 1 – Multi-discipline (client delegated duties)
• Lot 2 – Project Manager (including client delegated Quantity Surveying duties)
• Lot 3 – Supervisor
• Lot 4 – Technical Advisor
• Lot 5 – Construction Design and Management Advisor
Reason for the decision
The Kent County Council had previously appointed consultants on a project-by-project basis via the Property Services Consultancy Framework, to provide professional consultancy services to support construction projects. However, the Framework expired in June 2020 and procurement of such services has since been conducted on a project-by-project basis, tendered or direct award procurements in-line with Spending the Council’s Money Policy and Public Contract Regulations.
The current method of procuring consultancy services is time consuming and resource intensive and requires a more efficient approach. In addition, a new professional consultancy services framework that aligns to the new construction partnership framework (already in place) and proposed minor work construction partnership framework (subject to procurement).
There are 3 options to consider for the ongoing procurement of consultancy services:
• Insource of consultancy provision.
• Continuing with current arrangement of tendering/direct award for each requirement
• Establishing a new Construction Consultancy Framework.
Option 3, to establishing a new Construction Consultancy Framework is the preferred option, as this would provide a pre-qualified framework of consultants to efficiently support the projects procured via the new Construction and proposed Minor Works Partnership Frameworks on behalf of Kent County Council. It is likely that the Frameworks will work on a rotational basis so that all suppliers get equal allocation of works (performance and project dependant). In addition to this the facility to undertake mini tenders will be included.
It is envisaged that the new Independent Construction Consultancy Services Frameworks will commence by October 2023.
How the proposed decision supports the Interim Strategic Plan
The proposed decision will support the objectives of Strategic Delivery Plan 2020 – 2023 by:
• Supporting the delivery of the Council’s Infrastructure Capital Delivery Programme
• Supporting the delivery of the Kent Commissioning Plan for Education Provision 2020-2024, including the Basic Need programme
• Supporting the KCC Corporate Estate maintenance programme.
• Supporting the KCC Education Estate maintenance programme.
Decision type: Key
Reason Key: Expenditure or savings of more than £1m;
Decision status: For Determination
Notice of proposed decision first published: 13/03/2023
Anticipated restriction: Part exempt - View reasons
Decision due: Not before 11th Apr 2023 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Lead director: Rebecca Spore
Department: Strategic & Corporate Services
A report was taken to the Policy and Resources Cabinet Committee on 13 July 2022, where the Committee were updated and asked to note the proposal, the preferred option, and the procurement programme.
A further update was taken to the Policy and Resources Cabinet Committee on 9 March 2023.
It is expected that a Key Decision Report will be taken to the Policy and Resources Cabinet Committee in July 2023, ahead of the proposed award of contract(s) in August / September.
Financial implications: The new Independent Construction Consultancy Services Framework is to be valued at circa £119.5m over the contractual period of 6 years. Each order raised will be subject to its own financial governance and based on pre-agreed tendered rates. This will be a nil-let-no-commitment Framework with no workload guaranteed. The staff costs associated with the procurement have been estimated and will be absorbed within existing resources. As a result, business activity will be re-prioritised. Legal and technical advice related to the procurement will be funded from the infrastructure budgets.
Legal implications: Legal support will be sought in the preparation and execution of the new arrangements. The procurement will follow the relevant procurement regulations (Spending the Council's Money policy and PCR). KCC will be required to enter into a number of legal contracts. External legal advisors have been appointed in consultation with General Council.
Equalities implications: An Equalities Impact Assessment (EqIA) has been completed and will be updated throughout the procurement process. No issues have been identified at this stage for EqIA, but this will be reviewed as the procurement activities continue. A data protection implication assessment (DPIA) has been submitted and comments made, which is under on-going review as the procurement activities continue.