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
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
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
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
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.
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