Content

Salford City Council – Record of
Decision
 
I Paul Dennett, City Mayor, in exercise of the powers contained within the
Council Constitution
do hereby:
 
·     
approve to establish for the Flexible Procurement
Solution (FPS) for Alternative Education Provision, to award places
to the successful providers from round one and to delegate
permission to award places for further rounds to strategic
director, as detailed in the table below:
 

Detail required

Answers

Title/Description of Contracted
Service/Supply/Project

Flexible
Procurement Solution (FPS) for Alternative Education
Provision

Name of Successful
Contractor

Edstart Specialist
Educations, Edintervention, Innovation Education, Dragon Football
Academy Ltd  T/A  Dragon Group, Quick Brick Training Academy, Next
Level Learning, Spark Academy, Study Mind, THE Citywall Project
CIC,  Life Lodge Alternative Education
and Power2 Ltd

Supplier Registration Number

(to be supplied by Corporate
Procurement)

Various

Type of organisation

(to be supplied by Corporate
Procurement)

Other

Status of Organisation

(to be supplied by Corporate
Procurement)

Choose an item.

Contract Value (£)

£1.2 to 1.8 million per annum estimated average
£9.6 to 14.8 million estimated full project.

Contract Duration

48 Months

Contract Start Date

01/09/2024

Contract End Date

31/08/2028

Optional Extension Period 1

24 Months

Optional Extension Period 2

24 Months

Who will approve each Extension
Period?

Procurement Board (extension >
£150k)

Contact Officer (Name &
number)

Karen
Hamer, 01617780312

Lead Service Group

People Services

How the contract was procured?

(to be supplied by
procurement)

Open tender

Framework Details (where
applicable)

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

Not applicable

Funding Source

Revenue Budget

Ethical Contractor (EC): Mayor’s
Employment Charter

 All providers either meet this requirements or have
committed to meet this requirement.
 

EC: Committed to sign Charter

 All providers either meet
this requirements or have committed to meet this
requirement.
 

EC: Accredited Living Wage
Employer

 
The Reasons are:

Salford City Council Alternative Education Provision Team have
created a new flexible procurement solution for the purchase of
alternative education for the pupils of Salford. The
Service Specification provides the background and
set of service requirements each prospective provider must
demonstrate to be included on the Salford City Council’s
FPS.
 
The services to be provided through the FPS have been split into
ten lots:
-          
Lot 1: Full-time Alternative Provision - Academic
-          
Lot 2: Part-time Alternative Provision - Academic
-          
Lot 3: Part-time Alternative Provision - Vocational
-          
Lot 4: Part-time Alternative Provision – Online
Learning
-          
Lot 5: Alternative Provision - Tutoring
-          
Lot 6: Part-time Alternative Provision – Enrichment and
Engagement
-          
Lot 7: Alternative Provision – SEND
-          
Lot 8: Alternative Provision - Post 16
-          
Lot 9: Full-time Alternative Provision – Key Stage 1 &
2
-          
Lot 10: Part-time Alternative Provision – Key Stage 1 &
2 
 
The Flexible Procurement Solution (FPS) will be an adaptation of
a Dynamic Purchasing System (DPS) to be procured under the light
touch regime for social and other specific services. Following an
initial open tender to establish the FPS, the opportunity for
providers to submit applications to join the FPS shall remain open
throughout the duration of the FPS.
 
Awards of contract from the FPS shall be either through the use
of a direct award process, which will utilise a desk top based
assessment to conclude which provider best meets the needs (based
the predefined hierarchy of criteria), or through a call for
competition. The process for issuing calls for competition
(Invitations to Tender) for individual requirements will be managed
by the Council. Organisations will be required to complete the
Council's application process and provide appropriate evidence and
documentation to demonstrate how they satisfy the requirements set
out in this Service Specification, which include:
  • Arrangements for areas
including safeguarding, health & safety, & data
protection;
   • The monitoring and
reporting of attendance and pupil progress.
 
The tender process followed was an open tender procedure under
the “Light Touch Regime” for social and other specific
services.
 
 
The ITT for Round 1 was issued on 1 March 2024 with a closing
date of 23 April 2024 via the Council’s e -Tendering system,
“The Chest” and notices were published on the Find a
Tender Services and Contracts Finder websites.
 
Tenderers were required to supply the following information in
order for the evaluation panel to evaluate each bid:
- Selection questionnaire (Pass/
Fail)
- Safeguarding questionnaire (Pass/
Fail)
-
Award Criteria part A & B (50%) - Quality
- Cost
(35%)
-
Social Value (15%)
 
A minimum score was applied to scored quality questions (with
the exception of transportation/ access provision which did not
have a threshold) and any bid for which a score of 3 or less was
awarded, or which failed to achieve a pass for a  Pass/ Fail questions would be deemed to be
non-compliant.
 

 
Options considered and rejected
were: N/A
 
Assessment of Risk:

The procurement process ensures that spend with alternative
providers is compliant with the PCRs 2015 and the Council’s
Constitution. The process ensures that providers are compliant with
the Council’s Safeguarding Policy for Schools and the
Council. SOURCE OF FUNDING: See financial comments
below.
 

 
The source of funding
is: Revenue Budget.
 
Legal Advice obtained: Supplied by: Tony Hatton –
219 6323
When commissioning contracts
for the procurement of goods, services or the execution of works,
the Council must comply with the requirements of the Public
Contracts Regulations 2015 (PCR) and its own Contractual Standing
Orders (CSO’s), failing which any subsequent award of a
contract may be subject to legal challenge from an aggrieved
provider. CSO’s apply to every contract, including temporary
ones, for the procurement of supplies, services and the execution
of works undertaken by or on behalf of the Council.
 
The proposed FPS is a form of
Dynamic Purchasing System to be procured under the Light Touch
Regime (health, social care, adulty and other related services)
whereby new suppliers can join at any time, and it is to be run as
a completely electronic process. Dynamic Purchasing Systems are
used exclusively by public sector organisations and are designed to
save time and money by being a quick and easy way to access goods,
services and works through a compliant route.
 
The award of contracts under
the FPS shall be either using a direct award process, which will
utilise a desk top based assessment to conclude which provider best
meets the needs (based the predefined hierarchy of criteria), or
through a call for competition (which is more aligned to the usual
framework arrangements), depending on the circumstances and
requirements of the Council. The arrangements for awarding
contracts using the FPS should be clearly set out.
 
Once the FPS has been set up,
the arrangement will enable the Council to call-off the specified
services against the agreed set of terms etc. should it wish to do
so within the lifespan of the FPS.
 

Undertaking a compliant tender exercise will give some comfort
to the Council in ensuring that value for money is being obtained
and tested, with open competition maintained.
 

 
Financial Advice
obtained: Supplied by:
Natalie Birchall – Finance Manager

The primary,
secondary schools and academies use the framework for all referrals
and as detailed in this report the FPS contract will be awarded for
24 months from the 01/09/2024, with an option to extend for a
further 2 years.
 
The service is self-funding and schools will be
invoiced in advance for the full amount for the full academic
year.
 
The service budget
is monitored by the budget manager and the accountant to ensure the
income from the schools covers the payments to the providers and
the staffing costs and
is underwritten by the School Provider Arm budgets to a maximum of
£0.080m.
 

 
Procurement Advice
obtained
Carolyne Knott – Category
Manage (People Services)

The use of a
Flexible Procurement Solution for Alternative Education Provision
is permitted under the light touch regime for social and other
specific services set out in the Public Contracts Regulations 2015.
The solution provides a compliant process which is transparent,
proportionate and treats all bidders equally, whilst also meeting
the need to be responsive to the needs of Salford Pupils. The
flexibility of the solution will provide a manageable and adaptive
delivery model, which can be used to mitigate and manage potential
supplier capacity issues, which may not be possible in a standard
closed framework or DPS.
 
The procurement process has been managed in
accordance with the requirements of the Public Contract Regulations
2015 with support from the procurement team, who will continue to
provide support to manage future tendering
rounds.
 

 
HR Advice obtained:
N/A
 
Climate Change Implications
obtained: N/A
 
The following documents have
been used to assist the decision process.
 

Education and
school improvement
strategies,
Anti Poverty
Strategy
 
          
          
 

 
Contact Officer: Karen Harmer, Service Manager,
Services to Young People, Education Inclusion.
Telephone number: 01617780312
or 07971724888
 
Please delete from the bullets
below any which are not relevant:
·     
The Lead Member has been consulted and is supportive
of the proposed contract.
·     
This decision is urgent and is not subject to
call-in, in accordance with the Decision Making Procedure
Rules.
 
 

Signed:     Paul
Dennett     Dated:     14 August 2024.
           
       City
Mayor
 

FOR DEMOCRATIC SERVICES USE
ONLY
 
*          
This decision was published on 14 August 2024
*          
This decision will come in force at 4.00 p.m. on 21 August 2024
unless it is called-in in
accordance with the Decision Making Process Rules.