Agenda item

To receive and consider the confidential report of the Project Officer.

With the express permission of the Chair, this item was brought up the agenda.

The Committee received and considered the confidential report of the Project Officer concerning procurement for the Splashpark Renovation.

Members were advised a clear direction had been provided on the specification for the refurbishment from the consultation which had taken place during last summer. Following the renovation the Splashpark would be remotely operable and reduce water consumption which could extend opening times, but regrettably the budget would not extend to a grey water circulation system as previously hoped. There was a risk that an underground water storage container would need to be replaced, but it was confirmed the cost of this would be covered by a contingency fund.

During procurement research it was established there were only a small number of companies in the UK able to conduct the specialist work and only two expressed interest after details of the project were published on the national contracts’ finder website.

Members heard Contractor B had been discounted due to their financial standing when undertaking procurement checks which could have put the project and Council at undue financial risk. Contractor A passed the checks and were included in a procurement framework manged by Kent County Council. Due diligence had been conducted to enable them to be in the framework, but further discussion would be required to ensure best value of funds. Following enquiries, Officers established that it was possible the refurbished splash park could be delivered later in the summer of 2025. A completion date would be included in the agreed contract along with financial penalties for late delivery.

If the project was procured via the framework route, it would still be secured under the Public Contracts Regulations 2015 and although this meant deviating from the Town Council’s financial regulations, it was noted residents thought highly of the Splashpark and there would be further frustration if the project was delayed beyond the autumn, due to procurement issues and focus on other projects.

It was proposed by Cllr R Smith, seconded by Cllr O Collins that the Committee proceed with the report recommendations. The Chair read each in full so that Members clearly understood.

A Vote was then called for in respect of the recommendations with Members being unanimous in agreement with Recommendation 2.

In respect of Recommendations 1 & 3 the result of both the votes were:

In Favour             6

Against                 0

Abstentions         1

Resolved:

1.      That, the confidential report be noted.

2.      That, contractor B is not invited to tender due to their financial standing posing undue risk to the completion of the contract. That it be noted that this procurement has been undertaken in accordance with the Public Procurement Regulations 2015. However, having due regard to the comments above on risk, and for the avoidance of doubt, the Council waives Financial Regulations to enable a price to be negotiated without competition as permitted by FR 11(d) and also to permit the use the Kent County Council Framework. The reason for this course of action is that the Council has complied with the Public Contract Regulations 2015, which permits the use of framework agreements and that due to the nature of the works and the Council’s desire to open the facility in May 2025 it has only identified one contractor, Contractor A, suitable and able to undertake the works.

3.      That, it be noted that the Public Contract Regulations 2015 allow for framework agreements to be used and that the due diligence conducted by Kent County Council concerning their Procurement Framework which satisfies the obligations imposed on Local Authorities by the Public Contract Regulations 2015. Officers are therefore requested to investigate this procurement route with regard to future procurement and consider how this is detailed in the revised Financial Regulations.

4.      That, the quotation from Ustigate Waterplay in the sum of £172,499.11 be approved, and funded from the earmarked reserve in relation to the Splashpark (£172,500) , and that authority be delegated to the Town Clerk/CEO to enter into a contract of works in relation to this matter.

It was further noted that a sum of up to £30,518 may be required for replacement of the water tank system. Whether this would be required, and the cost,  would depend on what was found when work begins but if additional funding were to be required for this matter, this would be funded by virement from the Capital Play Equipment budget , which had a current year budget of £75,000 of which spend was £0.