Contract Award Temporary Agency Workers

Following MOPAC support for and agreement for the collaborative cross-GLA procurement of agency workers this paper seeks the approval for the award of a call-off contract from the Transport for London (TfL) framework for the supply of temporary workers and permanent recruitment services. The call-off contract will have an estimated value of £262m over 4 years for both Metropolitan Police Service (MPS) and Counter Terror Policing (CTP) requirements. The call-off contract does not commit MOPAC/MPS/CTP to any spend.

The Deputy Mayor for Policing and Crime is recommended to approve the award of a call-off contract via the Greater London Authority (GLA) agreement for Temporary Agency Staff (the Agreement) for the supply of temporary workers and permanent recruitment services up to an estimated value for MPS and CTPHQ of £262m over 4 years, to the winning supplier outlined below.

1. Introduction and background

1.1. The MPS has a current contract with Reed Recruitment for the supply of agency workers which expires in September 2021.This paper sets out the procurement process and future arrangements to be put in place to ensure the continuity of this service.

2. Issues for consideration

2.1. In July 2019 MOPAC supported the proposal for a cross-GLA procurement for the supply of agency workers and the MOPAC/MPS requirements involved [PCD614].

2.2. The TfL-led procurement started in August 2020 and has resulted in a framework agreement between Reed Specialist Recruitment and TfL, with the ability of the GLA and its functional bodies to call-off contracts for their requirements.

2.3. The provision of agency workers supports the Police and Crime Plan by providing personnel to meet specific specialist services, to address surge requirements and in the use of ex-officers, as civilian investigators, has been particularly valuable in the response to the increased demand for detectives and investigative skills.

2.4. The consolidation of GLA-wide requirements has enabled a contract which will continue to meet requirements and provide opportunities to derive greater value. Further detail is provided in the restricted section of the report.

2.5. The award of a call-off contract does not commit the MOPAC/MPS to any spend.

3. Financial Comments

3.1. The estimated value of the MPS and CTP requirements are £40.5m and £25m p.a. Over a 4 year period this would be £262m. The funding for the costs of agency workers to be supplied via this call-off contract will be from the existing MPS devolved revenue budgets or from the approved capital programme.

4. Legal Comments

4.1. Under the Police Reform and Social Responsibility Act 2011 (“2011 Act”) MOPAC may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office which includes entering into contracts and other agreements (whether legally binding or not).

4.2. The Mayor’s Office for Policing and Crime (“MOPAC”) is a contracting authority as defined in the Public Contracts Regulations 2015 (“the Regulations”). All awards of public contracts for goods and/or services valued at £189,330 or above shall be procured in accordance with the Regulations. This report confirms the value of the proposed contract exceeds this threshold.

4.3. This report confirms the MOPAC intends to place a call-off contract under a framework agreement procured for the benefit of itself and GLA functional bodies. The framework agreement which provides for such use by MOPAC. On this basis the MOPAC’s route to market is compliant with the Regulations.

4.4. The MOPAC Scheme of Delegation and Consent provides the Deputy Mayor for Policing and Crime (“DMPC”) has delegated authority to approve:

• Business cases for revenue or capital expenditure of £500,000 and above (paragraph 4.8); and

• All requests to go out to tender for contracts of £500,000 or above, or where there is a particular public interest (paragraph 4.13).

4.5. Paragraph 7.23 of the Scheme provides that the Director of Strategic Procurement has consent for the approval of the award of all contracts, with the exception of those called in through the agreed call in procedure. Paragraph 4.14 of the Scheme provides the DMPC reserves the right to call in any MPS proposal to award a contract for £500,000 or above.

5. Commercial Issues

5.1. In July 2019 MOPAC supported the proposal for a cross-GLA procurement for the supply of agency workers and the MOPAC/MPS requirements involved [PCD614].

5.2. The services to be provided are the supply of agency workers and recruitment services. The procurement was via a contract notice in the Official Journal of the European Union (OJEU) for the services to be provided by way of a Managed Service Provider (MSP).

5.3. The joint working across the GLA has included alignment of recruitment processes and approach to IR35; stream-lining invoicing processes and reducing the utilisation of non-permanent labour – in line with the Mayor’s pledge to reduce non-permanent labour and consultant spend by 50%. There has also been work undertaken to determine the most beneficial delivery model, utilisation of technology, pricing model and approach to supplier performance.

5.4. Further information is contained in the restricted section of the report.

6. GDPR and Data Privacy

6.1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.

6.2. The MPS anticipate completing a DPIA in June 2021 based on best practice from the MPS Information Sharing unit, when the processes and data requirements can be confirmed with the new supplier.

7. Equality Comments

7.1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

7.2. Part of the evaluation process focused on bidders sharing the wider GLA and MPS’ diversity ambitions in creating a workforce that looks and feels like London. The MPS report that there are no adverse equality or diversity implications associated with the award of this contract.

8. Background/supporting papers

• Appendix 1 MPS Report Contract Award Temporary Agency Workers