Contract Procedure Rule 12.5 - Ratification of a non-compliant decision concerning the modification of the contract with Travel Co for the provision of Adult Social Care Transport Services (Lots 1 and 2) to incorporate Lot 3

November 23, 2023 Executive Director Resources (James Duncan) (Officer) Approved View on council website
Full council record

Purpose

The purpose of this report is to seek
ratification of the following non-compliant decision in relation to
the contract with Travel Co for the provision of Adult Social Care
Transport Services (Lots 1 and 2) :
 
•        
Modifying the terms of the contract originally agreed (where such
modifications were not provided for in the contract) having not
sought prior approval in accordance with Contract Procedure Rule
12.2.3(c).
 
The reasons for the non-compliance are: the
successful provider on Lot 3 withdrew from the contract leaving the
Council with no provider to deliver the required service under that
Lot.  With no minibus provider to
deliver services under this lot, commissioners needed to act
expediently to ensure continuity of service for people who relied
on transport provided by the Council to access their day
service.  Commissioners made the
decision to modify the contract with Travel Co to retain business
continuity.  Consequently, the contract
with Travel Co for the provision of Adult Social Care Transport
Services (Lots 1 and 2) was modified without a formal decision
under CPR 12.2.3(c) being taken.
 
The reason for the ratification is to
formalise the modification of the contract with Travel Co that
incorporated Lot 3 to avoid ambiguity/ provide certainty around the
delivery of Adult Social Care Transport services by the
provider.

Decision

(i)       That, in accordance
with Contract Procedure Rule 12.5, the following non-compliant
decision in relation to the contract with Travel Co for the
provision of Adult Social Care Transport Services (Lots 1 and 2) be
ratified:
 
• Modifying the
terms of the contract originally agreed (where such modifications
were not provided for in the contract) having not sought prior
approval in accordance with Contract Procedure Rule 12.2.3(c),
and
 
(ii)       That the Procurement
Team be permitted to issue the retrospective contract documentation
for signing

Details

OutcomeRecommendations Approved
Decision date23 Nov 2023