Decision

1. 1

The Committee considered a report of the Executive Director Neighbourhood Services seeking approval to commission new contract(s), for a duration of eight years, to replace the existing Dynamic Purchasing System (DPS) for taxi and minibus transport provision with compliant contractual arrangements under the Procurement Act 2023. It was noted that the current DPS arrangements had to be transitioned before February 2029 and that this provided an opportunity to modernise the procurement approach, strengthen governance, improve service resilience and secure better long-term value for money.

It was stated that the new contract(s) would cover SEND home-to-school transport, Children’s Social Care transport and Adult Social Care transport provision. The proposal supported the Council’s statutory duties and strategic priorities by ensuring safe, reliable, inclusive and cost-effective transport services that enabled children, young people and vulnerable adults to access education, care and essential services. It also supported the Council’s wider political commitments to fairness, safeguarding, social value, climate responsibility and sustainable public services.

1. 2

RESOLVED UNANIMOUSLY: That Strategy and Resources Policy Committee approves the Council commissioning new contract(s) for statutory and non-statutory transport provision for different Council services as outlined in the report now submitted.

1. 3

Reasons for Decision

1. 3.1

The reason for commissioning new contract(s) for statutory and non-statutory transport provision was to replace the current DPS with a compliant procurement arrangement under the Procurement Act 2023. Existing DPS agreements established under previous regulations had to be closed by 23 February 2029, regardless of their original end date.

1. 3.2

The change in legislation also provided an opportunity to review the contract specification and work allocation methods to improve cost efficiency, strengthen service quality, maintain safeguarding, secure social value and support the Council’s climate and sustainability commitments.

1. 4

Alternatives Considered and Rejected

1. 4.1

Alternative Option: Do Nothing

The option to take no further action and allow the current arrangements to continue had been considered and discounted as a viable approach.

Key considerations included:

·        Non-Compliance with Legislation: The existing Dynamic Purchasing System (DPS) would not meet the requirements of the Procurement Act 2023, resulting in a non-compliant procurement arrangement.

·        Legal and Regulatory Risk: Continuing with a non-compliant contract would expose the Council to significant legal and regulatory risks, including potential challenge and enforcement action.

·        Service and Governance Risk: Failure to establish a compliant procurement route could undermine governance standards and impact the Council’s ability to demonstrate transparency, fairness, and value for money.

The “Do Nothing” option was not considered realistic or appropriate, as it would place the Council in breach of current procurement legislation and expose it to avoidable legal and reputational risks.