Agenda item

To consider proposals in relation to travel arrangements for children with special educational needs and disabilities to facilitate their attendance at an appropriate education provision.

         Cabinet considered proposals in relation to travel arrangements for children with special educational needs and disabilities to facilitate their attendance at an appropriate education provision.

Consideration was given to proposals in relation to travel arrangements for children with special educational needs and disabilities to facilitate their attendance at an appropriate education provision.

It was now proposed to:-

(i)            abandon the mini-competition undertaken under the new Dynamic Purchasing System (DPS)

(ii)           extend the existing arrangements to ensure the continued delivery of this essential service, with the appropriate additional safeguards

(iii)         embark on the procurement of a framework agreement with measures and provisions in place to ensure the needs and priorities of the Council and the service users are most appropriately and fully met, with support (if required) by using the new DPS for additional ad-hoc service.

The Chair of Health and Adult Social Care Scrutiny Board, on behalf of the Chair of Children’s Services and Education Scrutiny Board, asked the relevant Cabinet Member several questions regarding procurement rules.

In response, the Cabinet Member for Children and Education stated that the original bidders for the DPS contract would be informed following the decision made by Cabinet. Furthermore, the new procurement exercise would begin almost immediately to ensure operators would be invited to tender for the new framework early February with the aim of it being agreed by late April. The successful operators would then be invited to bid for the new contracts, with a view to seeking Cabinet approval to award new contracts in early June ensuring sufficient lead in time for new arrangements for families, schools and operators.

The Cabinet Member for Children and Education also stated the new procurement rules included provision to address the concerns and issues identified, and to deliver the best solution for service users and their families, provide sufficient assurances for the Council around quality of provision and deliver the most economical and sustainable solution.

Reasons for Decision

The Council had a duty and had powers to make particular travel arrangements for children with special educational needs and disabilities to facilitate their attendance at an appropriate education provision.

Alternative Options

Option 1 – Running a new mini-competition under the New DPS:

A new mini-competition could not be split into smaller lots, for shorter periods, so would not remedy all the issues arising and raised during the review process, particularly in relation to the mini-competition again producing only two successful bidders.

Option 2 - Continue to use the existing arrangements, under the previous DPS: it was possible for the Council to extend the previous DPS (completed in 2018), however this would not address the concerns and issues raised recently and would not positively contribute to the Council’s current priorities.

Option 3 – Procure a new Fixed Term Service Contract

This would be the least flexible option and high risk in terms of service delivery due to the rigid nature of a fixed term contract. Once a fixed term contract had been let, no further suppliers could be added to the contract, therefore should any suppliers wish to leave the contract, there would be no mechanism available to replace them with an alternative supplier.

Agreed:-

(1)          that the Director of Children and Education, in consultation with the Section 151 Officer and Cabinet Member for Children and Education, be authorised to:

(a)     abandon the mini-competition undertaken under the Dynamic Purchasing System (the new DPS), pursuant to which the contract award decision was deferred by Cabinet at its meeting on 16 June 2021 and inform all operators who are on the new DPS of the decision to abandon this process;

(b)     extend the existing contracts with providers for the continued provision of SEND transport beyond the current expiry date of 23 February 2022 until 21 July 2022, in accordance with the terms of those contracts, to ensure/enable continuity of service pending the award of new contracts, with any extension to be subject to the additional checks and balances on providers as approved by Cabinet on the 21 July 2021;

(c)     tender any new SEND Transport work or any SEND Transport work that is not undertaken by operators using the current DPS Framework to cover the period 23 February to 21 July 2022;

(d)     agree any necessary exemptions pursuant to the Council’s Procurement and Contract Procedure Rules to enable the course of action referred to in Resolutions 1(b) and 1(c) above to proceed;

(2)          that in connection with Resolution 1 (a-d) above, the Director of Law and Governance and Monitoring Officer 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;

(3)          that the Director of Children and Education, in consultation with the Director of Law and Governance and Monitoring Officer and the Section 151 Officer, be authorised to (i) undertake a new procurement exercise to establish a new Framework Agreement to award new contracts for SEND Transport from 1 September 2022 to July 2024 (inclusive), and (ii) undertake, if necessary, the procurement of any new additional ad-hoc SEND Transport work arising during this period, not covered by the new contracts awarded under (i) using a new Dynamic Purchasing System;

(4)          that the Director of Children and Education and the Director of Law and Governance and Monitoring Officer be authorised to agree, enter into and execute all requisite contracts and documentation (including under seal) in relation to the provision of SEND Transport work pursuant to the procurement exercises referred to at Resolution (3) above, and award contracts to all successful bidders as appropriate/required.