Decision

To authorise a waiver of the requirements of contract rule 7.3 and permit the Council obtaining one quote for a contract for installation of a software package to deliver a weighbridge upgrade to meet the new Defra digital waste tracking requirements, including driver stations/ANPR fitted to weighbridge and appropriate connectivity to depot to process data due to:

16.4(a) Where the supplies, works or services are of a unique or specialised nature or are identical or similar to or compatible with an existing provision so as to render only one or two sources of supply appropriate, including:

• an upgrade, or
• standardisation policy or compatibility requirements for products / equipment / services where there is only one source of supply and change could result in significant alterations to working practices or service delivery;

Reasons for the decision

Contract Rule 7.3 requires that before carrying out a procurement process, Authorised Officers shall establish whether there is a suitable framework agreement, dynamic market or existing contract to which the Authority is a party that provides a mechanism for ordering goods, services and works and, if so, consider whether it’s use is appropriate, legal and adheres to the principles of Best Value. Where there is no suitable framework agreement, dynamic market or existing contract the authorised officer must follow the relevant process set out in the Table 1 in
the Contract Rules.

Due to the value of the contract to be awarded on this occasion, Table 1 requires that the procurement process undertaken should have been to issue a competitive Invitation to Tender (=>£60,000 but less than relevant Threshold including VAT)] but this was not possible because this is an upgrade to existing equipment and the associated software. The upgrade can only be performed by the manufacturer. Using a different supplier would mean more initial setup costs on top of necessary upgrades and a longer time delay.

Alternative options considered

This is an upgrade to existing equipment and the associated software. The upgrade can only be performed by the manufacturer. Using a different supplier would mean more initial setup costs on top of necessary upgrades and a longer time delay. No other suppliers would have been able to submit a compliant tender had a competitive tendering process taken place therefore a quote for an upgrade from the existing supplier was sought.