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Appendix 4

RENEWAL OR RETENDER OF CONTRACTS
PROCUREMENT RISK ASSESSMENT
GUIDANCE FOR OFFICERS UNDERTAKING FINAL CONTRACT REVIEWS


Information from the Scottish Executive, (2007) recommends that Councils should undertake a procurement risk assessment which records the reasons why a contract is terminated or extended.  This guidance has been drawn up to ensure that the Council has a consistent, auditable and robust approach to renewal or termination of social care/housing support contracts.

If the provider wishes to continue providing a service, consideration should be given, as part of the final review as to whether a contract should be extended or re-tendered.  The following risks should be considered as part of the review and a recommendation made to the relevant Head of Service on renewal or re-tendering of the contract based on an assessment of these risks.

It is recommended that this review starts in the final year of the contract.  A decision should be made on extension or termination by the Head of Service at least 4 months before the contract is due to terminate, as providers will need to give employees 3 months notice of termination of the contracts of employment and the local authority may need to re-tender the service.  (If timing is tight a contract could be extended for a short period whilst the re-tender exercise is completed.)


Name of Organisation and service covered by the contract

Start and end date of contract

  Risk
Areas to consider
Officers Assessment
1
Does the service ‘fit’ with the strategic aims of the Council – current financial context?

Refer to service plan and “core” services provided within the program area.


 
2
Is a quality service being provided?

Key performance indicators/outcomes/quality assurance indicators.

Has the service met its Care Commission inspections satisfactorily (if registerable service)?

Any issues arising from content and outcome of complaints, professional feedback, contract monitoring visits?

What is the feedback from reviews of individual care packages and from service user/carers surveys? Are there issues that have been raised with the provider that have not been addressed?

 
3
Need of client group for continuity of staff / provider?
What would be the impact on clients and carers of
a) uncertainty of going through the tender process; or
b) change of provider?

When considering this, seek views from other professionals, service user and carer if appropriate - do not rely solely on the provider’s view.

Is there a Guardianship Order in place?  If there is, the Court would need to be advised of a proposed change of provider.
 
4
Does the contract give value for money?
Benchmark against similar services.
Can the costs be maintained at existing level or within a certain percentage increase (to be agreed at Department level)

Should the Council be increasing the contract spend.

 
5
Does the Council have the resources to continue purchasing this service?

Are there other providers in the market – including in-house services - who could provide this service at better quality/price?

 
6
Is there a likelihood of legal challenge by another provider if this service subject to equitable competitive process.
Are there other providers in this market keen to work in Edinburgh ?

Is there a clause regarding renewal in the contract?  Was the contract won as part of a tender, if a renewal period was declared in the original tender advert, then there are likely to be no grounds for legal challenge, provided this period is reasonable and is not exceeded.

Are there any circumstances of urgency which may justify alternative procedures being followed, rather than carrying out a full competitive tender process?

Consideration should also be given to ‘assets’ that the provider brings to the contract e.g. property and if these would easily be provided by another provider.
 
7
Has the Council’s Procurement Programme identified this service as one that should be tendered?   If so when?
Refer to the council’s procurement programme.
 
8
Is the organisation still compliant in items of insurance, company status and financially viability.
Have there been areas of non-compliance and, if so, have these been addressed timeously and to the Council’s satisfaction? Has the organisation worked in partnership or been obstructive during the contract period?  Is there a ‘can do’ attitude to resolving problems?
 
9
Is this a statutory or discretionary service?  Does the provider have an effective relationship with the Council?
The Council have a mandatory duty to provide this service  – if so under which legislation?
 
  Officer Recommendation and Justification
(if renewal is recommended, include length of renewal recommended).  Has this been discussed with the provider?
 
  Name & Date





  Head of Service Decision







  Name & Date





 
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