ct0401

COMHAIRLE NAN EILEAN SIAR

CONTRACT AND TENDERING SUB-COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Monday 23 April 2001 at 12 noon

PRESENT

Mr Roderick J Murray (Chairman)

Mr Malcolm J Macleod

Mrs Mary Bremner

Mr Norman M Macleod

Mr Ronald J Mackinnon

Mr Donald J Macsween

Mr Donald Manford

MINUTES

Contract and Tendering Sub-Committee

1

The Minute of Meeting of 30 October 2000 was approved.

CONTRACTS

Tele-communications

2*

With reference to Item 21 of the Minute of Meeting of 30 October 2000, the Director of Corporate Services submitted a Report seeking approval to engage consultants to assist in drawing up the tender for the Comhairle's Telecommunications (Voice and Data). It was proposed that Mason Communications, a leading Telecom and IT consulting company, be engaged for this purpose.

It was agreed to recommend that the Director of Corporate Services be authorised to appoint consultants, through the Comhairle's normal tendering procedure, to assist with drawing up the Telecommunications tender.

Temporary Accommodation: Sir E Scott School

3*

The Director of Technical Services submitted a Report regarding the provision of temporary accommodation at Sir E Scott School during the works to upgrade the School. It was stated that indicative quotations had been sought from six suppliers for the supply and erection of "Portacabin" units at Sir E Scott School in accordance with normal tendering procedure. It was stated that an evaluation of the various quotations would be carried out having regard to specification and delivery dates and it was proposed that the most economically advantageous offer would be determined following a valuation exercise. It was noted that the supplier had been asked to provide alternative quotations for leasing the units and the evaluation would include an assessment of the most appropriate means of provision. Following the evaluation exercise, which might require minor adjustments to specification, a final price would be agreed with the selected provider and an order placed.

It was agreed to recommend:

(1) approval of the procurement route for temporary accommodation at Sir E Scott School, Tarbert; and

(2) that the Director of Technical Services be authorised, in consultation with the Acting Director of Education and Leisure Services, the Director of Finance and the Director of Corporate Services to place orders for the units on the basis of the most economically advantageous offer.

Building Maintenance Term Contracts April 2002: Options Appraisal

4*

The Director of Technical Services submitted a Report regarding proposals to consult with external bodies on the content and format of the Building Maintenance Contracts beyond 1 April 2002. The options appraisal consultation paper was appended to the Report. It was stated that the paper had been prepared as part of the Best Value Review for Property Maintenance and consultation had been undertaken with the Director of Housing on the broad issues associated with future service provision and with all other service recipients as part of the Best Value Review process on the detailed aspects of the existing service provision. An outline timetable for tendering was circulated.

It was agreed to recommend that:

(1) tenders for Building Maintenance Term Contracts be sought to toake effect from 1 April 2002 on the basis of the outline timetable circulated;

(2) consultation on the format, packaging and scope of the proposed contract or contracts takes place by means of public advertisement;

(3) the preferred method of service delivery remains by Maintenance Term Contract, or Contracts;

(4) the preferred form of contract arrangement would be based on a partnering agreement and service providers responding to the consultation process should provide outline details of their partnering proposals; and

(5) any contract documents associated with this process would indicate that in the event of a Housing Stock Transfer taking place during the currency of these contracts, the incoming Housing Service provider would remain bound to the contract, or contracts.

Arising out of consideration of this Item, concern was expressed over the administration and invoicing arrangements within the DLO/DSO and it was agreed to seek evidence of improvements in these arrangements as part of the tendering process.

Grounds Maintenance Term Contracts April 2002: Options Appraisal

5*

The Director of Technical Services submitted a Report regarding proposals to consult with external bodies on the content and format of the Grounds Maintenance Term Contracts beyond 1 April 2002. The options appraisal consultation paper was appended to the Report. It was stated that the paper had been prepared as part of the Best Value Review for Grounds Maintenance and consultation had been undertaken with the Director of Housing on the broad issues associated with future service provision and with all other service recipients as part of the Best Value Review process on the detailed aspects of the existing service provision.

It was agreed to recommend that:

(1) the Director of Corporate Services be authorised to extend the existing Grounds Maintenance Term Contract until 31 March 2003 subject to the agreement of the existing contractor;

(2) the Director of Technical Services be authorised to seek tenders for grounds maintenance term contracts to take effect from 1 April 2002;

(3) consultation on the format, packaging and scope of the proposed contract, or contracts, takes place by means of public advertisement;

(4) the preferred method of service delivery remains by Maintenance Term Contract, or Contracts;

(5) the preferred form of contract arrangement would be based on a partnering agreement and service providers responding to the consultation process to provide outline details of their partnering proposals; and

(6) any contract documents associated with this process would indicate the possibility of a Housing Stock Transfer with a consequent possible reduction in the contract values.

Penalty Clause in Building and Engineering Contracts

6*

The Director of Technical Services submitted a Report regarding issues raised by the Local Building Employers' Association concerning the application of the Liquidated and Ascertained Damages clauses in Building and Civil Engineering Contracts. The background to the matter was set out in the Report, together with details of the operation of such clauses. It was concluded that it was appropriate to continue the present practice of using standard Liquidated and Ascertained Damages clauses in Building and Civil Engineering Contracts and to calculate the rates of damages at an appropriate level on an individual contract basis.

It was agreed to recommend that the status quo be maintained in relation to the inclusion and application of Liquidated and Ascertained Damages clauses in Building and Civil Engineering contracts.

It was agreed that the public, including the press, be excluded from the meeting during consideration of the following Item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed as defined in Standing Order 26 (f), namely, information to the financial or business affairs of any particular person (other than the Comhairle).

Lift Maintenance Contract

7

The Director of Technical Services submitted a Report regarding the maintenance contract for the servicing of all lifts in the Comhairle's premises. The contract also provided for the maintenance of a number of stairlifts and similar lifting equipment provided by the Social Work Department to private individuals. Comments on the operation of the existing contract were set out in the Report, together with options for consideration in relation to the re-tendering of the contract.

It was agreed to recommend that the Director of Technical Services be authorised to negotiate an extension to the present Lift Maintenance Contract for a period of six weeks to enable N D Macleod Ltd to seek accreditation as the authorised service agent of a recognised lift manufacturer or to obtain membership of the Lift and Elevator Industry Association..

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PRESENT	Mr Roderick J Murray (Chairman)
	Mr Malcolm J Macleod	Mrs Mary Bremner
	Mr Norman M Macleod	Mr Ronald J Mackinnon
	Mr Donald J Macsween	Mr Donald Manford

		MINUTES
Contract and Tendering Sub-Committee	1	The Minute of Meeting of 30 October 2000 was approved.
		CONTRACTS
Tele-communications	2*	With reference to Item 21 of the Minute of Meeting of 30 October 2000, the Director of Corporate Services submitted a Report seeking approval to engage consultants to assist in drawing up the tender for the Comhairle's Telecommunications (Voice and Data). It was proposed that Mason Communications, a leading Telecom and IT consulting company, be engaged for this purpose. It was agreed to recommend that the Director of Corporate Services be authorised to appoint consultants, through the Comhairle's normal tendering procedure, to assist with drawing up the Telecommunications tender.
Temporary Accommodation: Sir E Scott School	3*	The Director of Technical Services submitted a Report regarding the provision of temporary accommodation at Sir E Scott School during the works to upgrade the School. It was stated that indicative quotations had been sought from six suppliers for the supply and erection of "Portacabin" units at Sir E Scott School in accordance with normal tendering procedure. It was stated that an evaluation of the various quotations would be carried out having regard to specification and delivery dates and it was proposed that the most economically advantageous offer would be determined following a valuation exercise. It was noted that the supplier had been asked to provide alternative quotations for leasing the units and the evaluation would include an assessment of the most appropriate means of provision. Following the evaluation exercise, which might require minor adjustments to specification, a final price would be agreed with the selected provider and an order placed.
		It was agreed to recommend:
		(1) approval of the procurement route for temporary accommodation at Sir E Scott School, Tarbert; and (2) that the Director of Technical Services be authorised, in consultation with the Acting Director of Education and Leisure Services, the Director of Finance and the Director of Corporate Services to place orders for the units on the basis of the most economically advantageous offer.
Building Maintenance Term Contracts April 2002: Options Appraisal	4*	The Director of Technical Services submitted a Report regarding proposals to consult with external bodies on the content and format of the Building Maintenance Contracts beyond 1 April 2002. The options appraisal consultation paper was appended to the Report. It was stated that the paper had been prepared as part of the Best Value Review for Property Maintenance and consultation had been undertaken with the Director of Housing on the broad issues associated with future service provision and with all other service recipients as part of the Best Value Review process on the detailed aspects of the existing service provision. An outline timetable for tendering was circulated.
		It was agreed to recommend that: (1) tenders for Building Maintenance Term Contracts be sought to toake effect from 1 April 2002 on the basis of the outline timetable circulated; (2) consultation on the format, packaging and scope of the proposed contract or contracts takes place by means of public advertisement; (3) the preferred method of service delivery remains by Maintenance Term Contract, or Contracts; (4) the preferred form of contract arrangement would be based on a partnering agreement and service providers responding to the consultation process should provide outline details of their partnering proposals; and (5) any contract documents associated with this process would indicate that in the event of a Housing Stock Transfer taking place during the currency of these contracts, the incoming Housing Service provider would remain bound to the contract, or contracts.
		Arising out of consideration of this Item, concern was expressed over the administration and invoicing arrangements within the DLO/DSO and it was agreed to seek evidence of improvements in these arrangements as part of the tendering process.
Grounds Maintenance Term Contracts April 2002: Options Appraisal	5*	The Director of Technical Services submitted a Report regarding proposals to consult with external bodies on the content and format of the Grounds Maintenance Term Contracts beyond 1 April 2002. The options appraisal consultation paper was appended to the Report. It was stated that the paper had been prepared as part of the Best Value Review for Grounds Maintenance and consultation had been undertaken with the Director of Housing on the broad issues associated with future service provision and with all other service recipients as part of the Best Value Review process on the detailed aspects of the existing service provision.
		It was agreed to recommend that: (1) the Director of Corporate Services be authorised to extend the existing Grounds Maintenance Term Contract until 31 March 2003 subject to the agreement of the existing contractor;
		(2) the Director of Technical Services be authorised to seek tenders for grounds maintenance term contracts to take effect from 1 April 2002; (3) consultation on the format, packaging and scope of the proposed contract, or contracts, takes place by means of public advertisement; (4) the preferred method of service delivery remains by Maintenance Term Contract, or Contracts; (5) the preferred form of contract arrangement would be based on a partnering agreement and service providers responding to the consultation process to provide outline details of their partnering proposals; and (6) any contract documents associated with this process would indicate the possibility of a Housing Stock Transfer with a consequent possible reduction in the contract values.
Penalty Clause in Building and Engineering Contracts	6*	The Director of Technical Services submitted a Report regarding issues raised by the Local Building Employers' Association concerning the application of the Liquidated and Ascertained Damages clauses in Building and Civil Engineering Contracts. The background to the matter was set out in the Report, together with details of the operation of such clauses. It was concluded that it was appropriate to continue the present practice of using standard Liquidated and Ascertained Damages clauses in Building and Civil Engineering Contracts and to calculate the rates of damages at an appropriate level on an individual contract basis.
		It was agreed to recommend that the status quo be maintained in relation to the inclusion and application of Liquidated and Ascertained Damages clauses in Building and Civil Engineering contracts.
		It was agreed that the public, including the press, be excluded from the meeting during consideration of the following Item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed as defined in Standing Order 26 (f), namely, information to the financial or business affairs of any particular person (other than the Comhairle).
Lift Maintenance Contract	7	The Director of Technical Services submitted a Report regarding the maintenance contract for the servicing of all lifts in the Comhairle's premises. The contract also provided for the maintenance of a number of stairlifts and similar lifting equipment provided by the Social Work Department to private individuals. Comments on the operation of the existing contract were set out in the Report, together with options for consideration in relation to the re-tendering of the contract.
		It was agreed to recommend that the Director of Technical Services be authorised to negotiate an extension to the present Lift Maintenance Contract for a period of six weeks to enable N D Macleod Ltd to seek accreditation as the authorised service agent of a recognised lift manufacturer or to obtain membership of the Lift and Elevator Industry Association..
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