Decision details

To engage additional consultancy input and Principal Designer services from WSP UK Ltd

Decision Maker: Head of Property, Finance and Assets and Deputy Section 151 Officer - Gemma Bell

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

1. To engage additional services from WSP UK Limited by way of further

consultancy input (up to RIBA Stage 3+) and Principal Designer (PD)

services which are required to deliver the project at 320 Swindon

Road. The redevelopment of this site will deliver 24 new affordable

homes.

 

2. That the engagement can be either by varying the existing agreement

with WSP UK Limited or entering into a new call-off agreement from a

Homes England Framework, whichever route is required by Homes

England.

Reasons for the decision:

There are a range of factors informing this recommendation which include the

requirements to ensure timely delivery of the scheme, to respond to feedback

from the contractor market who favour a single stage tender for a scheme of

this scale and nature, to give CBC/CBH more control over the detailed design

specifically relating to the sustainability strategy and ongoing maintenance

considerations, and the requirement to appoint a PD to comply with the CDM

Regulations. Their historic knowledge of the scheme and performance to date

has been exemplary and we have confidence in the team’s ability to deliver a

flagship development and ensure we are well placed to appoint a contractor

partner to deliver the scheme.

 

There are 2 potential routes to enable CBC as Contracting Authority to

continue to work with WSP.

 

1. approving a waiver under the provisions of Clause 6.1.5 to vary their

current contract scope and fee. The ability to vary contracts, including

call-offs from frameworks is governed by Regulation 72 of the Public

Contract Regulations 2015. We are relying on Regulation 72(1)(b)

which permits giving additional work to a contractor where changing

the contractor would cause significant inconvenience or substantial

duplication of costs for the CBC as the contracting authority, provided

that the changes are below 50% of the original value.

The variation is sought under this Regulation because another

company would have to spend time understanding the history of the

site and we would lose the benefit of the skills and expertise of the

team already engaged and up to speed on the project. This would

result in substantial duplication of effort and costs for CBC.

 

2. To award a new contract to WSP via another Homes England Framework.

Feedback is awaited from Homes England who may determine that the most

appropriate route to enable the scope of services required to be commissioned

now via WSP is to do a direct award from their consultancy framework (2022).

The approval of both scenarios is sought to enable timely delivery of the

project and enable the commission of WSP UK Limited to commence.

Alternative options considered:

To undertake a procurement exercise to appoint another company – rejected

on the basis of this causing substantial duplication of effort and costs for the

CBC as the contracting authority with the other company having to spend

time understanding the history of the site and inability to benefit from the

skills and expertise of the team already engaged and up to speed on the

project.

 

Do nothing and not look at undertaking any further works – rejected on the

basis of the feedback received from the contractors that they would prefer a

single stage tender which this route will facilitate.

Wards Affected: (All Wards);

Other reasons / organisations consulted

As outlined under consultees.

Consultees

Consultation has taken place between CBC and CBH officers who are

supportive of the site at 320 Swindon Road being progressed

Contact: Gemma Bell, Head of Property, Finance and Assets and Deputy Section 151 Officer 01242 264124 Email: Gemma.Bell@cheltenham.gov.uk.

Publication date: 05/05/2022

Date of decision: 05/05/2022