Purpose

To deliver consistency and increased
efficiency of grounds maintenance provision for sites operated by
the Council.

Content

The report was proposing to consolidate all
grounds maintenance activities (currently with idverde , John O’Connor and part of the
in-house North Waste & Street Scene Team ) into a single,
countywide outsourced contract, replacing the current mix of
in-house and multiple external arrangements. This move aimed to
deliver greater consistency, efficiency, and value for money across
council-operated sites, with procurement recommended via the
competitive flexible procedure with preliminary market engagement
(PA23).
 
The new contract, with procurement anticipated
to commence by the end of December 2026, would be output-based to
allow flexibility and potential cost savings, and would require the
TUPE transfer of affected staff. The approach was designed to
ensure service continuity, seek to achieve a reduction to the
current budget costs whilst also addressing legal, financial, and
operational risks associated with the transition.
 
The current contract with idverde had been extended to its legal limit and
would end on 31 December 2026, while the John O’Connor
contract could be extended until 31 March 2028. As idverde cannot be extended further, a new
procurement process was mandatory and must comply with the
Procurement Act 2023 and relevant public contract regulations.
 
The Cabinet Member for Culture and Leisure
reported that the Council currently had a range of arrangements for
grounds maintenance provision: an in-house service covering the
north of the county (part of the North Waste & Street Scene
team) and two contracts for the remainder: idverde (ex Wycombe
area) and John O’Connor (ex-Chiltern and South Bucks area).
Following a review of future options, the recommendation was to
procure a single countywide grounds maintenance contract, with
operational bases located in the north and the south of the county
for efficiency of operations. The procurement team had recommended
that the process was through the Competitive Flexible Procedure
with preliminary market engagement. This route would enable a level
of dialogue with the market which would ensure the Councils future
requirements regarding the potential devolution of sites and their
removal from the contract was fully understood. Also engagement
would look at best use of current facilities and innovation.
 
The contract would be an output-based contract
whereby standards of delivery were specified rather than a
prescribed set of actions. This allowed greater flexibility and
could provide savings should conditions change, and certain
activities become unnecessary i.e. fewer grass cuts during drought
conditions and aligned with industry best practice for a service
contract of this nature.
 
The proposed contract term was five years with
the option for the Council to extend for a period up to a maximum
of 48 months; this was the shortest period that contractors would
be able to recoup their capital outlay for premises and/or
machinery.
 
The Leader made reference to the market and
asked for reassurance that in the procurement exercise local firms
would have a chance to participate. The Head of Neighbourhood
Services reported that through the Competitive Flexible Procedure
they would talk to bidders about whether they could bring in local
small SME’s which was critical for social value for example
some smaller companies would employ their own gravediggers whereas
others would have sub-contractors. However, if the Council had used
open procurement the bidders could submit without dialogue. The
Leader commented on the importance of the local supply chain and
supporting smaller businesses whilst getting best value for the
Council.
 
The Cabinet Member reported that one
representation had been received from a member of staff in the
North In-House Grounds team about their terms and conditions being
protected on transfer to a new contractor. If
Cabinet agreed to the recommendation today, the small number of
staff in this team would move to the new contractor no earlier than
1st January 2027. This transfer would be managed under the Transfer
of Undertakings (Protection of Employment) Regulations 2006 (TUPE),
which ensured that the Council had specific obligations to protect
permanent staff during this process. Under TUPE, permanent staff
members contractual terms and conditions of employment —such
as pay, hours of work, and annual leave entitlement—would
normally remain the same. However, some non-contractual terms might
need to be reviewed if the incoming service provider was unable to
maintain them.
 
Once the contract award was
confirmed, a full process would begin, including sharing all
relevant information about existing terms and conditions of
employment for employees impacted in this change with the new
service provider. Any proposed changes would be discussed as part
of a formal consultation period. The wellbeing of staff was a top
priority. Any future changes would be communicated clearly and
appropriate support would be provided including guidance throughout
the process.
 
Cabinet Members had considered the
representation.
 
RESOLVED that
 

i)                   
all grounds maintenance activities into a single contract for
Buckinghamshire Council be consolidated.

ii)            
authority be delegated to the Service Director for Neighbourhood
Services, in consultation with the Service Directors for Culture,
Sport and Leisure/Corporate Property and Assets and the Cabinet
Members for Culture and Leisure/Resources/Housing and Regulatory
Services, to conduct a compliant procurement exercise for an
outsourced contract; and upon the conclusion of such competitive
tender process, to award to the preferred tenderer(s) evaluated as
providing the most economically advantageous tender(s) or, in the
event that the preferred tenderer(s) is/are unable or unwilling to
enter into such agreement(s), to award such agreement(s) to the
next willing highest scoring tenderer(s).