Officer Delegated Decision Report - Procurement. For All Procurement Awards, Waivers, Contract Extensions & Variations

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1 G atew a y T h r ee For All Procurement Awards, Waivers, Contract Extensions & Variations Fuel Cards Payment Solutions Contract Requisition Number R Wards All Report authorised by: (Enter name and title of responsible Executive Director) Report Prepared and Submitted by: Lead officer s name title, address and phone number: William Jabang Procurement Officer extn Arvin Kane - Procurement Officer/fleet Manager Is this report for a request to recommend approval for a waiver to procurement rules? No PB Date: 13 January, 2010 SPB Date: 20 January, 2010 N/A Department: Business unit code 155 Business unit: Name, phone and mobile numbers of presenter: Finance & Resources Corporate Procurement William Jabang Procurement Officer extn Arvin Kane - Procurement Officer/fleet Manager Executive Summary In October 2009, approval was given for officers to utilise the buying solution PAYMENT SOLUTIONS - Fuel Card Solutions & Associated Services (RM536/L1) framework agreement to meet the council s fuel payment cards requirement. This report outlines the tendering process adopted and recommends the award of the contract to the tender offering best value for money to the council. It also sets out a clear outline for implementing the contract. Summary of Financial Implications The council s spend on vehicle fuel and oil is approximately 120k per annum. However with fuel prices fluctuating it is estimated that the cost could rise up to 150k per annum. The fuel card account is managed and settled through Corporate Procurement and all fuel usage is levied against the BU s incurring the cost (in 1

2 accordance with card usage requirements of the Service Level Agreements with Corporate Procurement for the management and use of the card(s)). All expenditure will be managed by BU Managers in accordance with and within existing budgets. There is no requirement for funding outside the normal budgets approved for business units. Reason for Exemption from Disclosure This report is Part 1 of a 2 part report. Part 2 is exempt from disclosure by virtue of the following paragraphs of Schedule 12A to the Local Government Act 1972: Information relating to the financial or business affairs of any person (including the authority holding that information) is exempt from publication. The reasons for confidentiality are: Details of the bids and pricing schedules Tender evaluation models and scores Benchmarking information provided on a confidential basis Recommendations 1. That Arval UK Limited be awarded the contract for the provision of fuel card payment solutions for the term of 3 years with option to extend for up to 2 years of one year each with an estimated sum of 750k over the 5 years contract period. Approvals I have seen this report and approve it for onward submission to PB and or SPB: Sally Leigh Head of Commissioning and Partnership Strategy I approve the above recommendations: Mark Nicolson Chair of the Procurement Board Mark Hynes Chair of the Strategic Procurement Board 2

3 Delegated Authority I / We approve the above recommendations: Sally Leigh Head of Commissioning and Partnership Strategy Mark Nicolson Divisional Director of Resources (F&R) Please be sure to complete the signatory information (name and title) above. Scheme of Delegation Note: For total contract values within the thresholds listed below, the relevant signatories must sign this report. (For variations consider the total contract value including the variation amount.) Over 10 million More than 1 million up to and including 10 million More than 100,000 up to and including 1 million More than 50,000 up to and including 100,000 Up to and including 50,000 Executive Director of Finance and Resources Executive Director and Divisional Director of Resources Divisional Director and Divisional Director of Resources Head of Service or Assistant Director Business Unit Manager or other Manager Waiver Approval: Value of Waiver Authorising Officers More than 500,000 and greater Departmental Executive Director Strategic Procurement Board Approval Procurement Board Approval Business Unit Manager More than 25,000 up to and including 500,000 Departmental Executive Director Procurement Board Approval Business Unit Manager Up to and including 25,000 Divisional Director of Resources Business Unit Manager Declarations of Interest (or exemptions granted): Interest or Exemption None Declaring Officer s Name 3

4 Consultation Name of person consulted Internal Sally Leigh Department or Organisation Head of Commissioning & Partnership Strategy (F&R) Date sent Date response received 5-Jan-10 7-Jan-10 All Jason Hinton/Martin Crump Finance & Resources 5-Jan-10 8-Jan Frank Higgins Corporate Finance 5-Jan Andrew Pavlou Legal Team 5-Jan-10 7-Jan Chris Bray CPT Finance Manager 5-Jan-10 5-Jan-10 All Michael Materesi CPT Procurement Manager - Contracts Jim Dickson Executive Member for F&R 26-Jan-10 External 5-Jan-10 8-Jan-10 All Report section reference Report History Is this a Key Decision ( 500k+), a Non-Key Decision or For Information? If a Key Decision ( 500k+), enter the date it was first entered into the Forward Plan: If the answer to the above is No, state the reason at right: Key Decision For Information November 1, 2009 Non-Key Decision Background Documents Procurement Business Case Procurement Strategy Report Appendices None 4

5 1.0 Context 1.1 Currently all Lambeth vehicles are supplied with an All Star fuel credit card provided under a contract by ARVAL PHH. The card can be used at any service station displaying the All Star logo. The card allows the user to draw petrol, Diesel, LPG and oil against the account. 1.2 The Council s existing contract was drawn from an old Buying Solutions frame agreement for the provision of fuel card payment solutions. That framework agreement expired in August and a replacement framework agreement is now required to replace it. 1.3 In October 2009, officers sought and obtained permission to utilise the new Buying Solution s Fuel Card payment solution framework agreement to replace the council s existing fuel card payment solution contract which expires in January To select the most suitable supplier for the council, a further competition exercise was conducted on the framework agreement. Six suppliers were awarded the framework agreement. 1.5 Invitation to tender packs were issued via the buying solution Invitation to Quote (ITQ) web portal on 18 th November, 2009 and the closing date was 2 nd of December (Tenderers on has two weeks to provide a response). 1.6 The following 6 framework providers were invited to tender, of which 4 submitted bids and 2 did not. Provider Tender Received Reason for withdrawal Arval PHH BP Oil No Card would not meet specification requirement Key Fuels RBS Commercial Cards No Card would not meet specification requirement Shell (UK) Oil Total 1.7 The 4 tenders submitted were check for compliance and one tender was found to be non-compliant due to failure to sign the form of tender and also some of the information provided was in a foreign language). This tender was disqualified. 1.8 The remaining three tenders were evaluated by a panel of 4 staffs using the following criteria and scoring identified in the ITT document issued to tenderers: Criteria Weighting Fuel Card Coverage (50%) Security and Suspect transaction (20%) Provision of Management Information (15%) Account Management (5%) Billing/Payment Method (5%) Rebate Offer (5%) 5

6 Note; The price of fuel and oil was not included in the evaluation. This is because the cost of the service will be dependant upon forecourt prices on the day of purchase. Consideration was however given in favour of card providers that allow the use of any garage for supply. This will not only provide flexibility in re-fueling for the user but will allow them to utilise the services of fuel providers that traditionally provide fuel at discounted rates i.e. supermarkets when compared to the branded providers. 2.0 Proposals & Reasons 2.1 Arval UK Limited is recommended to be awarded this contract. Base on written tender responses, the Arval payment card solution offer better solution relating to the council card coverage requirement (which is the main requirement for this tender), and the other criteria identified above. The Arval card can be used in all garages thereby providing flexibility for user to go to forecourts which offer discounts. The panel also considered the availability of rebate as part of the financial information. Although one provider offered a rebate in excess of that offered by Arval, the availability of supermarket fuel (LBL has 35% utilisation of these providers) at prices of up to 7p per litre cheaper than branded fuel resulted in Arval providing the best price. 2.2 All vendors provided a good response to areas concerning security and contractual support but Arval were the only provider that could provide Lambeth with the flexibility required through card coverage. (The Arval card allows access to all forecourt providers including supermarkets. The other providers were limited to their own brand or restricted multiple branded supply only. 2.3 The decision to select Arval UK Ltd based on the score ranking against the criteria outlined above. Their bid achieved the highest score and as a result was ranked 1 st. Detail information on the tender evaluation is provided in part 2 of this report. Waiver 2.4 Not Applicable Value for Money 2.5 Buying Solution utilised a robust tendering process which adhered to European Procurement Directives. The tendering process included a selection stage which evaluated potential suppliers financial and technical capacity to perform to the contract. 2.6 Since there are no cost to Lambeth for the supply and management of the cards, the award criteria was based on Quality criteria. Consideration given to a rebate structure and the price advantages are identified in the note to section By adopting collaborative procurement approach to award this contract, Lambeth will benefit from the economies of scale benefits achieved consortia buying. 2.8 Furthermore, the need for Lambeth to individually undertake its own procurement exercise is eliminated, which saves time and resources in tendering administration costs. Cashable Savings Due to the varying fluctuations of fuel prices, no cashable savings is anticipated. However, the service will enhance service delivery by providing vehicle users efficient means of purchasing fuel from garages in and outside the borough. 3.0 Comments from Executive Director of Finance & Resources 3.1 There are no specific revenue implications as a direct result of this proposal. Vehicle fuel and oil expenditure of approximately 120k per annum is contained within the detailed departmental revenue estimates. 6

7 3.2 All initial expenditure on the fuel cards is paid by Corporate Procurement and then recovered from departments either via journal transfer or by the Accounts Receivable system in respect of Lambeth Living and other external clients. 3.3 There are no specific capital implications in this proposal. 4.0 Comments from Director of Legal and Democratic Services 4.1 The Council has delegated the power to award this contract to the Divisional Director and Divisional Director of Resources. 4.2 The Council has adopted the Procurement Guide and the matters set out there in shall apply to the purchase of all works, goods and services purchased by the council and as such would apply to the award of contract proposed in this report. Purchases made through the Buying Solutions PAYMENT SOLUTIONS Fuel Card Solutions & Associated Services (RM536/L1) framework agreement are compliant with the requirements of the Procurement Guide. Before officers may use their delegated powers they should obtain the approval of the Departmental and Strategic Procurement Boards. 4.3 The EU procurement regime applies to this tender exercise by virtue of the Public Contracts Regulation Buying Solutions have complied with all requirements of the Regulations. The Council must comply with the conditions of the framework in the award of this contract. 4.4 The Council s Constitution requires that all matters affecting two or more wards or the expenditure of 500,000 or more must be published in the Forward Plan. 5.0 Results of Scrutiny and Consultation views 5.1 The views and any comments of the fleet managers, the corporate contract managers and the CPT finance manager have been added to this report. 5.2 The consultation methodology for this procurement exercise was done by and face to face meetings. 5.3 As the value of this project is above the threshold required for the report to be submitted to scrutiny committee, a copy of the report will be submitted to the departmental CCO who will send it to the Chair of Overview & Scrutiny and the Head of Lambeth Scrutiny for reference. 6.0 Organisational Implications Risk Management 6.1 The main risk associated with the delivery of this contract are as follows: Risk Supplier failing to meet contract performance requirement Level (High/Medium/Low) Low Mitigation Once the payment cards have been provided to the Council in accordance with specification, the management and monitoring of the usage of the cards will sit with CPT. Lost Cards Medium An officer in CPT procurement will be identified whom all users can contact when they ve lost their cards and this will then be cancelled. 7

8 All new cards issued under this contract will be chip and pin. This will help prevent any person who may have stolen the card from making purchases on the card Equalities Impact Assessment 6.2 The EIA for this contract is assess as Low Community Safety Implications 6.3 One of the benefits of this contract is that it will eliminate the need for officers to carry cash to buy fuel at forecourts which reduces the risk of member of staff being attacked for the money they are carrying. 6.4 Responsible Procurement Implications a. Social Sustainability Not applicable b. Environmental Sustainability Card disposal will be addressed in the contract document and council s policies will be adhered to. All billing will be done electronically thereby reducing the paper usage. c. Economic Sustainability This contract was awarded base on the most economically advantages tender principles. All suppliers invited to tender were treated fairly in line with procurement rules. Furthermore Officers involved in the procurement did abide with the council s ethical code of conduct relating to procurement exercises. Staffing & Accommodation Implications 6.5 This project has no impact on staff accommodation. There are also no TUPE issues, as the contract is only for the sourcing of fuel card payment solution which will be used by council staff using council vehicles to purchase fuel at forecourts. 6.6 None Any Other Implications 7.0 Timetable for Implementation 7.1 The table below shows the stages, milestones and deadlines for implementing the contract. No. Item Description Due Date 1 ODDR Approval 13 &20 January Contract Award and Signing 29 January Contract Implementation 1 February

9 8.0 Contract Management & Monitoring 8.1 The user is responsible for the security and usage of the card. The card provider monitors the usage of each card and will alerts CPT finance manager of all transactions that are considered suspect. These can be large single fuel deliveries and multiple fills in one day. Where necessary these will be advised to the BU manager concerned. 8.2 The strategic contract management of the contract will be carried out by the Contracts Management Team in CPT. The first contract management and monitoring will be carried out within 90 days and the reports generated will be submitted to the procurement boards for their consideration. 8.3 The KPIs or measurable aims and outcomes of the contract will be monitored in accordance with the following. No. Item Description KLOE Due Date 1 Contract managed through an OGC framework in accordance with set KPI s. All contract issues to be raised with the OGC. 2 9