Content

Salford City Council – Record of
Decision
 
I Councillor Youd, Lead Member
for Finance and Support Services and chairman of the Procurement
Board, in exercise of the powers contained within the
Council Constitution
do hereby approve:
 
·     
the award of the Department of Levelling Up, Housing
and Communities (DLUHC) funding grant to Salford Foundation for
domestic abuse services, as detailed in the table below:
 

Detail required

Answers

Title/Description of Contracted
Service/Supply/Project

Domestic Abuse Service
Additional staff costs for Safe In Salford
Service

Name of Successful
Contractor

Salford Foundation (Safe in Salford
Service)

Supplier Registration Number

(to be supplied by Corporate
Procurement)

2472369

Type of organisation

(to be supplied by Corporate
Procurement)

Registered Charity

Status of Organisation

(to be supplied by Corporate
Procurement)

SME

Contract Value (£)

£212,500.00 / full project

Contract Duration

12 months

Contract Start Date

01/04/2024

Contract End Date

31/03/2025

Optional Extension Period 1

12 months

Optional Extension Period 2

months

Who will approve each Extension
Period?

Procurement Board (extension >
£150k)

Contact Officer (Name &
number)

Madha Ayub,
Senior Programme Manager Integrated Commissioning

Lead Service Group

People Services

How the contract was procured?

(to be supplied by
procurement)

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

Framework Details (where
applicable)

(procurement body, framework reference
& title, start/ end date

 

Funding Source

Choose an item.

Ethical Contractor (EC): Mayor’s
Employment Charter

 

EC: Committed to sign Charter

 

EC: Accredited Living Wage
Employer

 
The Reasons are:
The SCC Domestic Abuse Housing
Advisory Group (DAHAG) will award this funding to the current
provider of Domestic Abuse services (Salford Foundation via a Lead
Provider model) to continue to deliver specialist IDVA (Independent
domestic violence advisor) services.
 
Considering the existing
contract with Salford Foundation and partners to provide an
integrated domestic abuse service, this additional specialist
support is best delivered as part of the existing service via a
contract variation. Housing is a generic need of most domestic
abuse clients. It therefore makes sense to build additional
capacity holistically to the whole model, rather than creating
bespoke domestic abuse housing posts.
 
Options considered and rejected
were:
Finding a different provider to
use the grant would not provide value for money.
 
Assessment of Risk:
Without this funding the
provider will have a shortfall in their budget to deliver their
service which will impact on front line delivery.
 
The source of funding
is:
This is grant funding from
DLUHC.
 
Legal Advice obtained:
The Council is
proposing to flow down funding made available by DHLUC in order to
commission additional capacity within the service including
additional specialist support from the existing provider, Salford
Foundation.
 
It is an established
principle that an existing public contract is capable of being
varied or modified providing any modification does not affect the
overall nature of the contract. The Public Contract Regulations
2015 allow for modifications to be made to existing contracts
without requiring further procurement exercise. Such modification
(here a variation to the amount of funding payable by SCC for
provision of services, and adding specialist service provision) may
be made where the following cumulative conditions are
fulfilled:
 
Reg
72 (1)(b) for additional works, services or supplies by the
original contractor that have become necessary and were not
included in the original procurement where a change of
contractor:

a. cannot be made for economic or technical reasons such as
interchangeability or interoperability with existing services;
and
b. would cause significant inconvenience or substantial duplication
of costs for the contracting authority,
 
provided that any increase in price does not exceed 50% of the
value of the original contract.
 
Or
in any event where the variation (irrespective of its value) is not
considered substantial.
 
The report suggests
that Regulation 72 can be relied upon here on the basis that the
proposed scope and value does not appear to amount to a substantial
variation which exceeds 50% of the original contract value. Shared
Legal Services would be happy to support with any documentation in
respect of the DHLUC funding or addressing the variation to the
existing services agreement draft a variation agreement, which will
set out the additional funding and the purpose which it is being
made available for.
 
Financial Advice
obtained:
Funding for this
contract will be from the 2024/25 Domestic Abuse New Burdens grant
from DLUHC.
 
Procurement Advice
obtained:
The Council awarded
the contract for the Domestic Abuse Service in 2021, under the
Light Touch regime for Social and Other Specific Services, with an
anticipated value of £4,165,000 at the time of
award.
 
The subject and value
of the extension requested as set out in the report would be a
permitted modification under both Regulation 72 of the Pubic
Contracts Regulations 2015 “(1) (b) for
additional works, services or supplies by the original contractor
that have become necessary and were not included in the initial
procurement, where a change of contractor— (i) cannot be made
for economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment,
services or installations procured under the initial procurement,
and (ii) would cause significant inconvenience or substantial
duplication of costs for the contracting authority provided that
any increase in price does not exceed 50% of the value of the
original contract” and “(5) … where the value of
the modification is below both of the following values:— (a)
the relevant threshold mentioned in regulation 5, and (b)10% of the
initial contract value for service and supply
contracts...”.  Separately the
Council’s Standing orders provide for the extensions to
contract, where there is no provision, as an exception where this
is referred to the Lead Member and Procurement Board.
 
The services are
delivered through a lead provider model and the contract includes
the provision of advisory services through referrals and the
allocation of additional funding to be delivered through this model
would offer the council value for money. Whilst there is always a
risk of a challenge where opportunities have not been openly
advertised, where extension meets the requirements for a permitted
modification this is considered to the low.  Procurement therefore recommends that that an
exception based upon value for money, in line with the
Council’s CSOs, is approved.
 
HR Advice obtained:
N/A
 
Climate Change Implications
obtained: N/A
 
The following documents have
been used to assist the decision process:
·     
Previous DDN from 23-24

Contact Officer: Madha Ayub Senior Programme Manager
Integrated Commissioning madha.ayub@salford.gov.uk
 
Please delete from the bullets
below any which are not relevant
 
This matter is also subject to
consideration by the Lead Member for Children’s and Young
People’s services. The Lead Member has been consulted and is
supportive of the proposed contract.
 
 

Signed:   Cllr J
Youd           Dated:
   26 June
2024.
           
   Lead Member
 

FOR DEMOCRATIC SERVICES USE
ONLY
 
*          
This decision was published on 2 July 2024
*          
This decision will come in force at 4.00 p.m. on 9 July 2024 unless it is called-in in accordance
with the Decision Making Process Rules.