Content

It
is recommended that –
(1)The Director of
Children’s Services and Education, in consultation with the
Section 151 Officer, the Monitoring Officer / Assistant Director
– Legal & Assurance and relevant Cabinet Member, be
authorised to:
 
a)  
make and conclude arrangements for the closure of
the current ‘Dynamic Purchasing System for the Provision of
Passenger Transport Services’ (Contract No. SMBC 21005) (the
DPS) for the reasons set out in the report submitted and notify all
operators who are on the DPS of the decision to close the
contract;
 
b)  
extend any of the existing Call-Off Contracts
awarded under the current ‘Provision of Passenger Transport
Services for Children and Young People with Special Educational
Needs and Disabilities’ Framework (Contract No. SMBC 22011)
with providers for a period of up to 1 year only until 31 August
2025 for continued provision of SEND transport, in accordance with
the terms of those contracts, to ensure continuity of service
pending the award of new contracts; and
 
c)   
agree any necessary exemptions pursuant to the
Council’s Procurement & Contract Procedure rules to
enable the course of action referred to in (1) b) above to
proceed.
 
(2)Subject to the
approval of recommendation (1) and sub-clauses, the Monitoring
Officer / Assistant Director – Legal & Assurance be
authorised to agree, enter into and / or execute under seal (if
necessary) all requisite contracts and ancillary documentation in
relation to the extension of the contracts for the continued
provision of Sandwell’s SEND transport, whether by way of
contract variation or entering into new contracts.
 
(3)The Director of
Children’s Services and Education, in consultation with the
Section 151 Officer and the Monitoring Officer / Assistant Director
– Legal & Assurance, be authorised to establish a new
Flexible Purchasing System (FPS) to award new contracts for SEND
Transport work from 1 September 2024.
 
(4)Delegated
authority be granted to the Director of Children’s Services
and Education, in consultation with the Section 151 Officer and the
Monitoring Officer / Assistant Director – Legal &
Assurance to:
 
a)  
approve the admission of providers onto the FPS,
provided that they meet the selection criteria for admission as set
out in this report;
 
b)  
confirm economic operators / providers meet the
selection criteria and will be admitted to specific Lots for which
they apply through the FPS;
 
c)   
invite tenders for, award (whether directly if
permitted by law and the Council’s Procurement & Contract
Procedure Rules or according to any competitive procedure) and sign
off, Call-Off contracts through the FPS;
 
d)  
amend the rules applicable to the FPS, including any
specification or terms and conditions of Call-Off contract
applicable to the FPS generally; and
 
e)  
agree amendments to, to exercise extension rights
under, to terminate in full or part and to grant any waiver,
consent or relief (or similar to any of these actions) in
connection with any Call-Off contract which the Council awards
under the FPS.
 
(5)Delegated
authority be granted to the Director of Children’s Services
and Education, in consultation with the Section 151 Officer, the
Monitoring Officer / Assistant Director – Legal &
Assurance and relevant Cabinet Member to approve expenditure of up
to £1.89m per annum within the above FPS on the award of
individual compliant Call-Off contracts.