SUBJECT: FRAMEWORK AGREEMENT FOR THE PROVISION OF VIDEO CONFERENCING EQUIPMENT

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1 REPORT TO INDIVIDUAL CABINET MEMBER FOR FINANCE, LEGAL AND ICT 29 FEBRUARY Key Decision YES Forward Plan Ref No Corporate Priority ALL Cabinet Portfolio Holder: Date of Decision/ Referral to O&S Cllr David Chambers 29 February Deadline for call-in 5.00pm 5 March Implementation Date (if no call-in) 6 March REPORT OF: HEAD OF LEGAL AND DEMOCRATIC SERVICES WARDS AFFECTED: ALL SUBJECT: FRAMEWORK AGREEMENT FOR THE PROVISION OF VIDEO CONFERENCING EQUIPMENT RECOMMENDATION(S) Cabinet Member is requested to: (a) approve the offer for tender of a contract to eleven named companies identified through a compliant pre-qualification process (b) approve entry into contract with the successful tenderer REASON FOR RECOMMENDATION(S) To: (a) (b) comply with the Council s Financial and Contract Procedure Rules ensure that there is a competent identified supplier appointed to supply these services

2 HIGHLIGHTED RISK Risk of failing to comply with The Council s Financial and Contract Procedure Rules Failure to formally tender the contract may result in the Council entering into an agreement on uncompetitive terms and not achieving Best Value in our procurement exercises Risk of failure of service delivery 1. INTRODUCTION 1.1 The Council s constitution provides that where a purchase for supplies or services is identified, with a value between 50,001 and EU Threshold levels, it shall be procured upon an Invitation to Tender in accordance with the Approved List or Restricted Procedure. 1.2 A detailed contract and contract specification for this purchase has been prepared. The opportunity to meet that specification has been advertised and a number of potential tenderers have applied to be considered for the work and have been assessed for consideration on a restricted list of tenderers. 1.4 This report seeks authority to tender the work to named companies and subsequent authority to enter into a contract with the successful company. 2. CORPORATE OBJECTIVES AND THE COMMUNITY PLAN 2.1 Effective procurement is identified as a key aim toward improving the Council. 3. BACKGROUND AND ISSUES 3.1 As the value the purchase under this contract will not exceed the relevant EU threshold, this Contract has not been advertised in the Official Journal of the European Union (OJEU) as is required by legislation. 3.2 The Restricted Procedure is being used where the Invitation to Tender is to be limited to Companies who reply to a public notice advertising the Contract, and this approach has been applied to this contract. 3.3 Contract notices have been placed in the local press, together with contract notices on the Council s Tendering website (SCMS) detailing the proposed contract. The contract notice informed companies that they needed to register their initial interest in the contract and return their completed Pre- Qualification Questionnaire (PQQ) by the relevant closing dates.

3 3.4 As a consequence of that procedure the following companies are recommended for inclusion within a restricted list for the tender: Direct Visual Pinacl Solutions Ltd Brookvex Technical Services Asysco Siemens Enterprise Communications Audio Visual Machines Save 9 Ltd Misco UK (Systemax Europe Ltd) Nowcomm Lmited GV Multi Media Impact Marcom L 4. CONSULTATION 4.1 Consultation has been undertaken with users to ensure that the specification for the contract meets the requirements of the Council. 5. ASSESSMENT 5.1 A contract is required to ensure that the Council complies with its Contract Procedure Rules and also that it has a supplier it can rely upon to undertake the supply of Video Conferencing Equipment to the Council s requirements. 5.2 A detailed specification has been prepared with the intention of ensuring that the contract will deliver best value. 5.3 A comprehensive quality based assessment has been carried out of the potential suppliers by the Procurement Officer,and officers within Procurement Unit. Companies considered to meet the assessment criteria were also subject to a financial assessment carried out by the Council s Chief Accountant. 6. IMPLICATIONS 6.1 Policy There are no policy issues arising from this report. 6.2 Financial The anticipated expenditure that is likely to be incurred against this contract is 100,000. Funding is being met from the Council s existing Equipment budgets.

4 6.3 Legal The tender process complies with the Council s Financial and Contract Procedure Rules. Officers within Legal Services have prepared relevant contract notices, pre-qualification questionnaires and tender specification documents. This report is part of that process. 6.4 Other I have considered whether the following implications arise from this report and am satisfied that there is no identified implication that will arise from this decision: Head of Service: Ian Anderson, Head of Legal and Democratic Services Author: David Gomersall, Corporate Procurement Officer Telephone No: Fax No: address: david.gomersall@scarborough.gov.uk Background Papers: None

5 Risk Matrix Appendix A Issue/Risk Failure to comply with the Council s Financial and Contract Procedure Rules. Failure to tender the contract may result in the Council entering into a contract on uncompetitive terms. Consequences if allowed to happen There could be a challenge which may delay the implementation of the contract. The revenue expenditure could be outside the budget framework. Likeli-hood Impact Mitigation Mitigated Likelihood Not Likely Low Procurement Services Very Low has been consulted and involved in the preparation and publication of the Contact notice to comply with the Councils constitution. Not Likely Minor The contract is being Not Likely tendered and so competitive terms should be maintained. Mitigated Impact Minor Low Likelihood: Impact: Likelihood: Impact: Very Low Low Very Low Low Not Likely Minor Not Likely Minor Likely Medium Likely Medium Very Likely Major Very Likely Major

Councillor David Chambers Date of Decision/Referral to O & S REPORT OF: STRATEGIC DIRECTOR (CORPORATE) SDC/08/37

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