Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Appointment of this post through a framework
as originally intended is not practicable and running an open
tender for the appointment would cause a delay in the wider project
procurement process. Any further delays are likely to threaten
delivery of the new leisure centre. There is insufficient time to
take this urgent decision request to the next Strategy &
Resources as the Independent Certifier will be needed as soon as
the main contractor is appointed. This is likely to be in early
August 2019 so an urgent decision is requested from the Chief
Executive .
Information: An Independent Certifier is required as part of the
external and internal project team for the delivery of a new
leisure centre on Seven Brethren Bank. Funding for the post was
agreed at Council on 13th March 2019 (paragraph 4.11 of report
entitled “Leisure Provision at Seven Brethren”).
The Independent Certifier role will be delivered through a joint
post, representing both NDC and the leisure contractor and will be
responsible for certifying payments from NDC to the contractor
during the construction phase of the project. As such, it’s
important that both NDC and the leisure contractor are happy that
the Independent Certifier has the necessary skills and experience
for the job and that they will be impartial in their duties.
Currie & Brown UK Limited have the necessary experience and
expertise to fulfil the requirements of the role and have a good
understanding of the project. The project is fairly unique in that
it is using the standard Sport England’s Design Build Operate
and Maintain (DBOM) contract template, but NDC is financing the
project through prudential borrowing, with the leisure operator
paying off the council’s loan through twenty annual
“management fee” payments. Sport England is investing
significant funds in the project through its capital funding grants
programme and is happy with NDC’s approach to funding the
build through prudential borrowing. Sport England’s DBOM
contract template requires the Independent Certifier role to be
filled and has approved the suitability of Curry and Brown.
The value of the IC post is approximately £98k and the
original procurement approach to the appointment was through a
call-off contract from an NHS framework agreement.
Parkwood, Curry & Brown and NDC have considered three different
contract templates for the IC role for this be-spoke project. The
favoured template was proposed by Parkwood Leisure and has been
used by Parkwood for another DBOM leisure centre project. The terms
and conditions of this contract are closely aligned to the
overarching DBOM contract, which is helpful as the documents will
cross reference one another.
Unfortunately the preferred contract terms and the fact that the
contract is a joint appointment make it inappropriate to appoint
through the NHS framework as originally planned.
There is now insufficient time to run an open tender for the
appointment of the Independent Certifier. The DBOM procurement has
been running for over 12 months and any further delays could
invalidate the tenderer’s build costs and business case,
risking the whole project. For that reason an urgent decision to
appoint Curry & Brown as Independent Certifier is requested,
with the council’s standard contract & procedure rules
set aside. Due to timings of NDC’s committee cycle there is
insufficient time to take an urgent decision request to the next
Strategy and Resources Committee so an urgent decision is requested
from the Chief Executive.
To appoint Curry and Brown as Independent
Certifier is requested, with the council’s standard contract
and procedure rules set aside.
Appointment through the NHS framework rejected
as terms of preferred contract terms are not compatible with
framework terms and conditions.
We could run an open tender for the IC role, but this would delay
the procurement of the DBOM contract considerably. The DBOM
procurement has now been running for over 12 months and further
delay could invalidate the tenderers build costs and business case,
risking the whole leisure centre project
Publication date: 17/10/2019
Date of decision: 20/09/2019