Purpose

The purpose of this report is to seek ratification of the following non-compliant decision in relation to the Washroom Services - Feminine Hygiene Units and Ancillary Services contract with Citron Hygiene UK Ltd: 

·       Awarding a contract without seeking appropriate competition having not sought prior approval for each of the following years in accordance with the relevant Contract Procedure Rule that applied in each year:

o   22 December 2021 – 21 December 2022 (Contract Procedure Rule 37)

o   22 December 2022 – 21 December 2023 (Contract Procedure Rule 12.1)

o   22 December 2023 – 21 December 2024 (Contract Procedure Rule 12.1)

o   22 December 2024 – 21 December 2025 (Contract Procedure Rule 9.1)

o   22 December 2025 – 31 May 2026 (Contract Procedure Rule 9.1.5 (i))

The reason for the non-compliance is that the necessary approvals were not sought at the time of the award of each annual contract by the relevant responsible officers.

Decision

(i)             That, in accordance with Contract Procedure Rule 1.3 (ii) (Schedule 1), the following non-compliant decisions in relation to Washroom Services - Feminine Hygiene Units and Ancillary Services contracts with Citron Hygiene UK Ltd (2021 to 2025) and PHS Group Limited (July 2025 onwards) are ratified:

·       Awarding a contract without seeking appropriate competition having not sought prior approval for each of the following years in accordance with the relevant Contract Procedure Rule that applied in each year:

o   22 December 2021 – 21 December 2022 (Contract Procedure Rule 37)

o   22 December 2022 – 21 December 2023 (Contract Procedure Rule 12.1)

o   22 December 2023 – 21 December 2024 (Contract Procedure Rule 12.1)

o   22 December 2024 – 21 December 2025 (Contract Procedure Rule 9.1)

o   22 December 2025 – 31 May 2026 (Contract Procedure Rule 9.1.5 (i))

(ii)       That the Procurement Team be authorised to make the necessary arrangements for the issue of the relevant retrospective contract documentation, as appropriate.

Alternative options considered

The option not to ratify the non-compliant decision has been rejected on the grounds that the ongoing contractual relationship needs to be formalised to avoid any ambiguity over what terms and conditions apply.