All reports 1. Governance Services receive draft report Name of GSO Jeremy Williams/Paul Frost

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1 DELEGATED POWERS REPORT NO SUBJECT: Provision of Stairlifts Control sheet All of the following actions MUST be completed at each stage of the process and the signed and dated report MUST be passed to Governance Service for publishing All reports 1. Governance Services receive draft report Jeremy Williams/ Date 31/8/11 2. Governance Services cleared draft report as being constitutionally appropriate 3. Finance clearance obtained (report author to complete) 4. Staff and other resources issues clearance obtained (report author to complete) 5. Trade Union response received (Staffing issues only) 6. Legal clearance obtained from (report author to complete) 7. Policy & Partnerships clearance obtained (report author to complete) 8. Equalities & Diversity clearance obtained (report author to complete) 9. The above process has been checked and verified by Director, Head of Service or Deputy (report author to complete) 10. Signed & dated report, scanned or hard copy received by Governance Services for publishing 11. Report published by Governance Services to website Officer reports: 12. Head of Service informed report is published and can be implemented. Date 31/8/11 Name of Fin. Officer Alex Altman Date 23/8/11 Name of Comm. Officer Manjit Lall Date 23/8/11 Name of TU rep. Date N/A Name of Legal officer Sheila Saunders/Philomena Jemide Date 5/9/11 Name of P&P officer Date 30/8/11 Name of officer Date 30/8/11 Name of Head of Service Andrew Nathan Andrew Nathan Rick Mason Date 30/8/11 Date 11/10/11 Date 14/10/11 Date 14/10/11 Cabinet Member reports: 13. Expiry of call-in period Date N/A 14. Report circulated for call-in purposes to N/A COSC members & copied to Cabinet & Head of Service Date

2 ACTION TAKEN BY CABINET MEMBER(S) UNDER DELEGATED POWERS (EXECUTIVE FUNCTION) Subject Cabinet Member(s) Provision of Stairlifts, Steplifts, Through Floor Lifts and Hoists Cllr Tom Davey - Housing Date of decision 24 September 2011 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) Following an exercise to look at utilising various existing Framework Contracts to improve costs, customer benefits and efficiency of service, we are seeking authority to call off the Eastern Shires Purchasing Organisation (ESPO) Framework Contract 364 for Stairlifts, Steplifts, Through Floor Lifts and Hoists. Lisa Morrow Private Sector Housing Manager Public All None N/A Contact for further information: Lisa Morrow on Serial No. 1421

3 1. RELEVANT PREVIOUS DECISIONS 1.1 None. 2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 To meet one of the Council s strategic priorities to deliver better services for less money. The Corporate Plan (July 2011) states that we will continue to drive costs out of the Council through transforming our internal organisation and will be focusing relentlessly on efficiency to ensure every public pound is spent wisely. In respect of the strategic priority of sharing opportunities, sharing responsibilities, the contract contributes to the independent living of children, young people and adults by delivering the necessary adaptations in a more efficient and effective manner. 3. RISK MANAGEMENT ISSUES 3.1 I have considered whether the issues involved are likely to raise significant levels of public concern and I am content that they do not. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 All successful suppliers for the Framework Contract were assessed on the content and completeness of their equal opportunity responses. The mandatory pre-set selection criteria included evidence of robust procedures in place for equalities. 4.2 The recommendation will result in a more efficient and improved adaptation package to disabled residents. 5. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 5.1 There are no adverse staffing implications in utilising this Framework Contract. Staffing time will be reduced given that only one quote will need to be obtained for each stairlift, steplift, through floor lift or hoist against the current requirement for two competitive quotes. 5.2 Better value for money will be obtained as competitive prices are given for the supply, installation, servicing/maintenance of the stairlifts, steplifts, through floor lifts and hoists. The costs are set out in a detailed pricing schedule contained within the contract schedule to ESPO In addition to value for money, this Framework Contract sets out the performance timescales for delivery and installation of the equipment, ensuring that the process is fast tracked. 6. LEGAL ISSUES 6.1 Procurement processes must comply with the European procurement rules and the Treaty obligations of transparency, equality of treatment and non discrimination as well as the Council s Contract Procedure Rules.

4 6.2 A Framework is an agreement between a client and contractor or contractors or consultant or consultants (depending upon the nature of the framework), the purpose of which is to establish the terms governing particular call-off contracts that may be awarded during the term of the framework, in particular with regard to price and quantity. 6.3 The advantage of establishing Framework Agreements is that as long as the original Framework Agreement has been advertised and let in accordance with the EU procurement rules, there is no requirement to advertise any subsequent call-off contracts let under the framework agreement even where those call-off contracts exceed the stipulated financial threshold for works and for services. 7. CONSTITUTIONAL POWERS 7.1 Constitution, Part 3, Responsibility for Functions, Section 3.3 (3) states that Cabinet Members general powers may be summarised as: 3.3 (3) To authorise inviting tenders for and acceptance of tenders or quotations in accordance with the Contract Procedure Rules. Acceptance must be following consultation with the Cabinet Member for Resources or the Leader in cases where the Cabinet Member for Resources is the appropriate portfolio holder. 7.2 The Contract Procedure Rules, Table 5-1, states (i) that authorisation by Cabinet Member is required where the contract value is estimated to be 156,422 to 499,999. In this case, the average annual spend is 215,000 which falls within this threshold. (ii) acceptance by Cabinet Member is required for contract value of 500, 000 and above, where tender is: (a) lowest; (b) where tender represents value for money and is the best available option for the Council and the tender value is no more than 25 percent above the lowest priced tender. 7.3 Framework agreements are referenced under paragraph through to of the Contract Procedure Rules, as set out below. Before procuring or entering into a framework agreement, the Commercial Director shall be satisfied that: The term of the arrangement shall be or is for a period of no longer than four years duration; The terms and conditions of the arrangement do not compromise the Council s contractual requirements; The parties to the arrangement are recognised public bodies or providers from the private sector; Full, open and proper competition in respect of the creation of the framework agreement has taken or will take place in accordance with the Relevant EU Rules and/or Relevant Contract Procedure Rules Preference should be given to use of any Government Procurement schemes e.g. OGC.

5 7.4 In this case, the ESPO Contract 364 runs from the 1 st May th April 2012 with an option to extend up to 30 th April BACKGROUND INFORMATION 8.1 The Private Sector Housing Team give Mandatory Disabled Facilities Grants (DFG s) to enable a disabled person to stay living independently at home, have better freedom of movement in and around their home, to access essential facilities, such as bedroom and bathing/showering facilities and to access areas where there are changes in level or steps. Such works include the installation of stairlift, steplifts, through floor lifts and hoists. The service currently spends an average of 215,000 per annum to different companies, seeking a number of quotes to comply with financial regulations and Contract Procedure Rules. 8.2 In order to improve value for money, increase efficiency and to seek additional benefits for the customer, the Procurement Manager and the Private Sector Housing Manager jointly carried out an exercise to look at all Frameworks Contracts currently available for the provision of this type of equipment. 8.3 The result of this exercise was that the ESPO Framework Contract 364 for Stairlifts, Steplifts, through floor lifts and hoist was found to be the most competitive. This is a National EU compliant Framework which was issued and advertised under OJEU and Section II.1.2 of the notice states that it is open to other public sector bodies including local authorities. It was awarded on the 1 st May 2010 for a period of 2 years with an option to extend for a further 2 years. The companies which are part of the Framework Contract are as follows:- Type of Equipment Straight and Curved Stairlift Steplifts Through Floor Lifts Hoists Suppliers Freelift Limited Minivator Limited Stannah Lift Services Ltd Dolphin Mobility Freelift Limited Wessex Lift Co. Ltd Stannah Lift Services Ltd Wessex Lift Co. Ltd Freelift Limited Movement 2 Ltd Prism UK Medical Ltd 8.4 To access the Framework Contract, a request is made to one of the suppliers who provide a quotation for the equipment based on the pricing schedule attached to the ESPO Contract Number 364. This significantly reduces staff time and improves efficiency to the benefit of the customer. 8.5 The Assistant Director of Commercial Assurance has been consulted and has confirmed that he is content for the authority to call off this Framework Agreement, being satisfied that it meets Contract Procurement Rules inclusive.

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