Approval for an Exception to Contractual Standing Orders to award a contract for English language support for Hong Kong British Nationals Overseas settling in Salford

May 10, 2023 Approved View on council website
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Salford City Council
– Record of Decision
 
I, Councillor Jack Youd, Lead
Member for Finance and Support Services and Chair of the
Procurement Board, in exercise of the powers contained within the
Council Constitution, subject to
the successful tenderer confirming they are certified by the Living
wage Foundation as an Accredited Living Wage Employer, or if not,
will commit to securing such accreditation as soon as practicable,
do hereby approve:
 
·     
an exception to Contractual Standing Orders as
permitted within the City Council Constitution for the reason(s)
highlighted in the table below and the award of the Contract for
English Language Support for Hong Kong British NationaIs Overseas
(HKBNOs) settling in Salford.
 

Detail required

Answers

Title/Description of Contracted
Service/Supply/Project

English Language Support for HKBNOs

Name of Successful
Contractor

Train to TEFL

Supplier Registration Number

(to be supplied by Corporate
Procurement)

09384909

Type of organisation

(to be supplied by Corporate
Procurement)

Private Limited Company

Status of Organisation

(to be supplied by Corporate
Procurement)

SME

Contract Value (£)

£ 280,000 per annum estimated average (based on
previous learner numbers)

Contract Duration

15 months

Contract Start Date

01/04/2023

Contract End Date

30/06/2024

Optional Extension Period 1

12 months

Optional Extension Period 2

months

Who will approve each Extension
Period?

Strategic Director (extension <
£150k)

Contact Officer (Name &
number)

Angela Arthur Tel 
0161 793 3408

Lead Service Group

People Services

Reason
for CSO Exception: The
goods / services / works are only obtainable from one provider and
there is no other provider available to allow genuine
competition

Tick if it applies

Reason
for CSO Exception: The
execution of works or the supply of goods or services is controlled
by a statutory body

Tick if it applies

Reason
for CSO Exception: Delivers
Best Value to the Council

Tick if it applies

Reason
for CSO Exception: Special
education, health or social care contracts, if it is considered in
the Council’s best interests and to meet the Council’s
obligations under relevant legislation

Tick if it applies

Reason
for CSO Exception: The
execution of works or the supply of goods and services is required
so urgently as not to permit compliance with the requirements of
competition

Tick if it applies

Reason
for CSO Exception: Security
works where the publication of documents or details in the
tendering process could prejudice the security of SCC and Salford
residents

Tick if it applies

Reason
for CSO Exception: Procurements made through, or on behalf of, any
consortium, local authority, statutory or similar body, provided
that tenders or quotations are invited and contracts placed in
accordance with national or EU legislation.

Tick if it applies

Funding Source

Grant

Ethical Contractor (EC): Mayor’s Employment
Charter

 

EC: Committed to sign up to the Charter

EC: Accredited Living Wage Employer

 
 
The reasons are:
In
July 2021, the Department for Levelling Up,
Communities and Housing (DLUCH) launched the Welcome Programme Fund
(WPF) designed to provide English language (and destitution
support) to the estimated 405,000 Hong Kong British Overseas
Nationals (HK BN(O)) who were expected to accept the
Government’s offer to resettle in the UK. All local
authorities could apply for retrospective grants on a quarterly
basis, for any English language, provided over the previous 3
months.
 
Initially demand for English language support in Salford was
fairly small which we could accommodate within our existing Talk
English provider base. Since 2022 demand has increased at a rapid
rate and in order to respond to this
increasing demand, we have reached out on two separate occasions
for expressions of interest to extend the provider base. On both
occasions we only received one bid for tutor led English language
support, from our existing Talk English contractor, Train to
TEFL.
 
The
challenging provider market has been as a result of a number of
factors including the uncertainty around
continued funding, retrospective claims and unknown learner numbers
and levels continuing to make delivery unpredictable and
unattractive to many ESOL providers.
 
DLUCH have recently confirmed that the Welcome Programme Fund
will be extended to March 2024 and we can
continue to make retrospective claims for language support for any
eligible HK BN(O) starting on programme between April
1st 2023 and 31st March 2024.
We
therefore seek an exception to contractual standing orders to
commission Train to TEFL Ltd to continue to supply English Language
courses on the basis that ‘the
execution of works or the supply of goods and services is required
so urgently as not to permit compliance with the requirements of
competition’
 
Options considered and rejected were:
Developing a specification and putting this out to competition
– from our previous experience of the provider market (also
reflected at a Greater Manchester level), the need to ensure
continued delivery in response to on-going demand for English
language support and the uncertainty of further funding beyond the
current financial year, we do not consider this to be a viable
option.
 
Assessment of risk:
There are a number of barriers
which prevent adults in the city accessing learning and training
opportunities, including language barriers. The proposal within
this report seeks to ensure we can continue to provide English
Language support in response to demand from Hong Kong British
Nationals Overseas arriving in Salford
 
The source of funding is:
The cost of the project will be
met through DLUCH’s Welcome Programme Fund.
 
Legal advice obtained – supplied by Tony Hatton, Shared Legal
Service
 
Financial advice obtained – supplied by Grace Rogerson –
Senior Accountant, Children’s Services
 
Procurement advice obtained – supplied
by Christine Flisk,
Senior Procurement Manager, Procurement
 
HR advice obtained – Not
applicable
 
Climate change implications obtained – Not
applicable
 
Documents used
Report to Procurement board on
10 May 2023

 
 
Contact details:
Contact Officer:
 Angela Arthur, Commissioning
Manager     

Telephone number: 0161 793 3408
 
Contact Officer: Alison
Burnett, Head of Skills and Work:

Telephone number: 0161 793 2535
 
·     
The Lead Member for Children’s and Young
Peoples Services have been consulted and are supportive of the
proposed contract.
 
 
The appropriate
scrutiny panels to call-in the decision are the Children’s
Scrutiny Panel and the Community and Neighbourhoods Scrutiny
Panel
 

 
 
Signed: Councillor Jack Youd
Lead Member for Finance and Support Services and
Chair of Procurement Board           
   
Dated: 10 May 2023
 
 

 
*          
This decision was published on Thursday 11 May 2023
*          
This decision will come in force at 4.00 p.m. on Thursday 18 May 2023 unless it is called-in in
accordance with the Decision-Making Process Rules.
 

Details

OutcomeRecommendations Approved
Decision date10 May 2023
Subject to call-inYes