Vehicle Repair and Maintenance-Competitive Procedure with Negotiation

MOPAC approved an Outline Business Case paper in April 2021 via PCD 954 that provided for the Metropolitan Police Service to progress the activities to support the procurement of the fleet repair and maintenance services.

This paper seeks approval for the initiation of procurement for the vehicle repair and maintenance service using the competitive procedure with negotiation. There are five lots to be tendered three of which will have a initial seven year term with three 1-year optional extensions, and two lots will have a initial three-year term with two 1-year optional extensions. The estimated annual contract value is set out in the restricted section of this paper.

The Deputy Mayor for Policing and Crime is recommended to approve the initiation of procurements using the competitive procedure with negotiation for vehicle repair and maintenance services.

1. Introduction and background

1.1. MOPAC approved a Outline Business Case paper in April 2021 [PCD954] that provided for the Metropolitan Police Service (MPS) to progress the activities to support the procurement of the fleet repair and maintenance (R&M) services.

2. Issues for consideration

2.1. Following the further work by the MPS since April the recommended route for the procurement is competitive procedure with negotiation (CPN). This will allow the acceptance of initial tenders and the capability to negotiate if there are any shortcomings from the market.

2.2. The MPS assure that this procurement contributes to the MOPAC Police & Crime Plan 2017-2021 as the MPS fleet is a key enabler in the fight against crime directly supporting front line officers in protecting Londoners and keeping the city safe.

3. Financial Comments

3.1. There are no direct financial implications arising from the recommendation in this paper to use the competitive procedure with negotiation (CPN).

4. Legal Comments

4.1. The Mayor’s Office for Policing and Crime (“MOPAC”) is a contracting authority as defined in the Public Contracts Regulations 2015 (“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.

4.2. 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 the procurement strategy for all revenue and capital contracts of a total value of £500,000 or above, such determination to include decisions on the criteria and methodology to be adopted in the tendering process, any exemptions from procurement requirements, and any necessary contract extensions

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 requests to go out to tender for contracts of £500,000 or above.

4.4. The MPS Directorate of Legal Services assure that the competitive procedure with negotiation (CPN) may lawfully be used for this procurement.

5. Commercial Issues

5.1. The services include fleet management, collision repair and mobile support, and service, minor repairs and maintenance. The current contract expires at the end of October 2022, with an option to extend by 1 year. There are 5 lots to be tendered three of which will have a initial seven year term with three 1 year optional extensions, and two lots will have a initial three year term with two 1 year optional extensions.

5.2. The proposed route to market is a Competitive Procedure with Negotiation (CPN). The MPS intend to award contracts based on the initial tenders with the capability to use the negotiated procedure to address any market shortcomings.

5.3. The MPS assure that the vehicle repair and maintenance procurements will include stringent environmental requirements in support of HM Government’s Decarbonising Transport: A Better, Greener Britain, the Mayor’s London Environment Strategy, the Met’s Environment Policy, and the Met’s Environment and Sustainability Strategy 2019–21.

5.4. Further detail of the elements which could be negotiated are set out 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 assure that the proposed use of the Competitive Procedure with Negotiation (CPN) does not have any GDPR implications.

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. The MPS assure that an Equalities Impact Assessment has been completed at regular intervals throughout the Fleet Transformation Project, and that no equality or diversity issues relating to the use of the competitive procedure with negotiation have been identified at this stage.

8. Background/supporting papers

• Appendix 1 MPS Paper - Vehicle Repair and Maintenance Competitive Procedure with Negotiation