Social value:
Under the Public Services (Social Value) Act 2012 the contracting authority must consider:
(a) how what is proposed to be procured might improve the economic, social and environmental well-being of the area where it exercises its functions; and
(b) how, in conducting the process of procurement, it might act with a view to securing that improvement.
Accordingly, the subject matter of the contract has been scoped to take into account the priorities of the Contracting Authority relating to economic, social and environmental well-being. These priorities are described in the procurement documents.
Phase 2 Approach:
The Council has adopted its approach to Phase 2 to enable the Council to select the optimum route for the delivery of that phase, potential models for delivery of Phase 2 in accordance with the FESAA include (but are not limited to):
— the same structure as for Phase 1 (Council as employer and successful tenderer as contractor), or
— delivery in conjunction with any investment partner, a developer partner one or more of the Council's subsidiaries.
For clarity, some delivery structures may mean:
— it will not be possible for the Council to appoint the Phase 1 successful tenderer for design and build in Phase 2, and/or
— the Council is required to novate its interests in the relevant agreements to one of the partner entities listed above to enable the successful tenderer to be so appointed for Phase 2.
If the parties are both willing to proceed with what is termed 'a Future Ebury Scheme' (which encompasses either the whole of Phase 2, though it is much more likely to be a 1 or more sub-phases of Phase 2) then the contractor will be required to enter into a Pre-contract Services Agreement substantially in the form of that used for Phase 1 and any Design and Build Contract entered into will be substantially in the form of that used in Phase 1. These Phase 2 contracts may be amended to deal with site-specific or Future Ebury Scheme-specific matters.
The FESAA also applies principles in respect of how costs will be derived for Future Ebury Schemes which proceed to a Phase 2 Pre-construction Services Agreement: these include:
— the contractor undertaking a competitive process to appoint its contractors for its subcontractor packages,
— costing to deal with matters not relevant to Phase 1,
— a requirement to take into account the contract sum analysis for Phase 1,
— indexation provisions and/or benchmarking for those cost items not subject to a competitive process during Phase 2.