Police Officer Uplift - Commercial Contracts Ceiling Value Increase

This paper seeks approval for uplifts in contract values to support the additional officers and staff expected from the national uplift in police officer numbers. The paper does not seek approval for spend, and any contract value uplift will be subject to confirmation of funding. The maximum expected contract uplift across the 33 contracts and over 4 years is £109.3m which is 6.84% of the existing contract value. In addition the paper seeks the approval to initiate a re-procurement of DNA Sampling Kits at a estimated value of £737k over a 4 year period, and to delegate the completion of the contract value uplifts to the MPS Director of Commercial Services.

The Deputy Mayor for Policing and Crime is recommended to:

1. Approve the increase in the value of Contracts listed at part 2 of this paper at a total increase of £109,308,618 over 4 financial years equating to 6.84% of the total value of the 33 listed contracts.

2. Approve the initiation of procurement for the requirement for DNA Sampling Kit listed at part 2 of this paper. The requirement is for 4 years at value of £737K.

3. Delegate authority for the Director of Commercial Services to complete each of the contract extensions during 2020/21 to 2022/2023 within the limits detailed in the contract summary,

1. Introduction and background

1.1. In anticipation of additional police officers and staff arising from the national programme to increase police officers by 20,000 over the period 2020/21-2022/23 the MPS are seeking the approval to increase contract values in order that additional demand can be met.

2. Issues for consideration

2.1. Where the increase in demand is directly related to officer and/or staff numbers the uplift values have been based on the ambition to grow by 6,000 officers and 2,000 staff. Other contract value uplifts are based on anticipated additional demand.

2.2. The contract value uplifts will only be implemented when the additional funding to support the additional officers is approved. At the point of contract value uplift the MPS will seek to drive out further benefits from the supplier. No contract value uplift will be implemented where there is a performance issue with the supplier without appropriate achievable remedial actions being put in place. The MPS assure that the uplifts will not adversely affect the performance of the suppliers.

3. Financial Comments

3.1. The estimated total contract value increase over the four year period 2019/20-2022/23 for the 33 contracts is £109.3m. This equates to an average of 6.84% of the current contracts’ value. Individual contract increases range from one at 0.4% to one at 31% of their approved contract value.



3.2. Contract values will not be increased until the necessary funding and budget are in place.

3.3. The MPS has confirmed the budget is in place for the proposed procurement of DNA Sampling Kits.

4. Legal Comments

4.1. The Mayor’s Office for Policing and Crime (MOPAC) is a contracting authority as defined in the Regulations.

• All awards of, and modifications to, public contracts for goods and/or services valued above £189,330 shall be subject to compliance with the Regulations.

• Regulation 72 permits modifications to public contracts during their term in a limited number of scenarios.

• Specifically, 72(1)(a) may be used to modify an existing contract for additional works, services or supplies by the original contractor

4.2. The MPS assure that all contracts have been subject to appropriate consultation and advice from Directorate of Legal Services and where appropriate external solicitors. The output of the legal consultations have been built into all individual appendices. All proposed increases in value of all the contracts are compliant with Public Contracts Regulations 2015 and all planned activities such as increase in values will be conducted in line with the requirements of Public Contracts Regulations 2015 with necessary contract transparency publications.

4.3. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all unforeseen variations and extensions to contracts with an original value of £500,000 or above, when the variation or extension is greater than 10% of the original value and/or is for a period of more than 12 months.

4.4. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all requests to go out to tender for contracts of £500,000 or above.

5. Commercial Issues

5.1. The current value of the 34 contracts for which contract value uplift is sought is £1,597,376,688 which represents contract values over multiple years. The estimated maximum contract value uplift across all the contracts is £109,308,618 which equates to an average 6.84% increase.

5.2. The detail of the contracts is set out in Part 2. As funding is approved and the existing contract value is diminished the MPS will seek improved contract benefits as a consequence of the contract value being uplifted.

5.3. The proposed initiation of procurement for DNA Sampling Kits is to be via a mini-competition or call off from a national framework or via an open procedure tender under the Public Contracts Regulations.

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. As this is an extension of existing services this programme does not change any aspects relating to Data Privacy.

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. As this is an extension of existing services this programme does not change any aspects relating to equality or diversity.

8. Background/supporting papers

• Appendix 1 Officer Growth Programme 15 – Commercial Contracts Ceiling Value Increase