Decision

To direct award contract to Sureserve Compliance Fire for 1 year, to provide servicing and maintenance of active fire safety equipment.

Reasons for the decision

Current contract with Sureserve Compliance Fire expires 31st August 2026. Issuing extension as a direct award for 1 year allows for a longer term contract to be tendered in collaboration with Guildford Borough Council, who's incumbent has a longer expiry date compared to Waverley. This procurement is in progress with an aim to have a joint Waverley and Guildford contractor in place by April 2027.
As new contract start date was due to start immediately after the expiry of the old one, Sureserve have continued to provide servicing in the interim despite delays in contract being signed, we have then agreed on payment of services based on the schedule of rates attached to the new contract.
This contract is needed to ensure compliance with Regulatory Reform (Fire Safety) Order 2005, Fire Safety Act 2021, Fire Safety (England) Regulations 2022 and Building Safety Act 2022 through the maintenance and testing of fire safety equipment.

Alternative options considered

Procurement considered 5 options:
Option 1
The proposed route to market is the award of a contract under a framework agreement via the Procure Public Framework. The framework allows for award without further competition in accordance with its call-off provisions, enabling the Council to appoint a top-ranked contractor within the relevant lot.
This option enables a compliant and efficient route to appoint a suitably qualified contractor, supporting the timely delivery of critical fire safety services. The primary advantage is speed of mobilisation, which is essential given the Council’s statutory health and safety obligations. It also provides assurance of contractor competence, as suppliers have been pre-qualified under the framework.
The approach supports value for money through the use of pre-negotiated framework rates and reduced procurement costs, while ensuring compliance with regulatory requirements. Although this route does not involve further competition at call-off stage, this is justified by the urgency of the services and the need to mitigate risks associated with delay.
Failure to establish a contract within the required timeframe would expose the Council to risks of non-compliance, potential reputational damage, and increased health and safety risks to residents.
Option 2
Competitive Flexible Procedure under the PA 23
This process will require minimum of 6 months to deliver a multi-stage process.
Running a full tender exercise using the CFP (PA23) will not deliver a timely contract as there is urgency in delivering remedial updates to the recommendations and failings identified in some of the Council’s dwellings.
Option 3
Open Procedure under PA23
This route will allow us to conduct a full competition within the open market. There is insufficient time to develop tender documents required for this route and conduct a full procurement process. There is also insufficient time for mobilisation.
As this would be an open procedure, procurement and not market specific, this could potentially increase the number received, which would increase the procurement process further.
Option 4
A further competition process using a national framework (Procure for Housing Framework)
This is a permissible route under CPR and bidders on frame services have already been pre-qualified. Evaluation of potential bidders' submission will be greatly reduced. Framework rates may not allow for much manoeuvring, and the general specification may be restrictive.
Another positive, is the shorter procurement timetable
Option 5
Do nothing
Choosing not to procure a contract is not recommended as it would weaken the Council’s ability to meet its statutory obligations under the Landlord and Tenant Act 1985, Fire Safety Act 2021, Building Safety Act 2022, and Procurement Act 2023. It would lead to reactive, inconsistent delivery of fire safety services, reduced oversight of contractor performance and limited assurance of compliance and value for money. This increases legal, financial, and reputational risks, and undermines the Council’s ability to manage fire safety effectively and protect building occupant.