Councillor Brenda Durno (Angus Council) and Councillor Ruairi Kelly (Glasgow City Council).

There were no declarations of interest or transparency statements intimated prior to the commencement of the meeting.

 

There was submitted the Minute of the meeting of the Executive Sub-committee held on 21 March 2025.

DECIDED: That the Minute be approved.

 

There was submitted a report by the Chief Executive of Scotland Excel relative to the Chief Executive’s update report submitted to the meeting of the Scotland Excel Chief Executive Officers Management Group (CEOMG) held on 31 March 2025, a copy of which was appended to the report. 

DECIDED: That the report be noted.

 

There was submitted a report by the Chief Executive of Scotland Excel relative to the award of a fifth-generation renewal framework for the Supply and Delivery of Bitumen and Associated Products for a period of 48 months from the commencement date. It was noted that subject to approval, it was intended that the renewal framework would commence on or around 19 May 2025.

The report advised that following consultation with the User Intelligence Group (UIG), the framework contained five lots, as detailed in Table 1 of the report. The report summarised the outcome of the procurement process and advised that the framework had been advertised with a total value of £60 million over the maximum four-year period of the framework. Appendix 1 to the report detailed the participation, spend and savings summary for those participating in the framework.

Tender responses had been received from seven suppliers and a summary of the offers received and the scoring achieved by each tenderer was detailed in Appendix 2 to the report. Based on the evaluation undertaken, and in line with the advertised criteria and weightings set out in the report, it was recommended that a multi-supplier framework arrangement be awarded (in whole or in part) to seven tenderers, as outlined in Appendix 2 to the report, subject to satisfactory conclusion of insurance checks. 

The report detailed the approach taken by suppliers in relation to fair work practices and their position on the payment of the Real Living Wage together with the other benefits that would be achieved through the framework. The report intimated that, in accordance with Scotland Excel’s established contract classification tool, the framework had been classified as class D.

DECIDED: That the award of the framework agreement for the Supply and Delivery of Bitumen and Associated Products, as detailed in Appendix 2 to the report, be approved.

 

There was submitted a report by the Chief Executive of Scotland Excel relative to the award of the Care Homes for Adults Flexible Framework Agreement for a period of 72 months from the commencement date, which was subject to conclusion of the standstill period.  

The report intimated that it was anticipated that the age group of people accessing care services under this flexible framework would be 18 to 64 years of age and excluded older people who accessed residential services under the National Care Home Contract. This flexible framework had been developed in consultation with stakeholders and partners to provide an extended scope of services which included a broader range of care groups and introduced a new process for participation. This was the successor arrangement to Scotland Excel’s previous flexible framework arrangement for Care Homes for Adults with Learning Disabilities.

The report advised that the services to be provided fell within Schedule 3 and Regulations 74 to 76 of the Public Contracts (Scotland) Regulations 2015 and were covered within the definition of, and subject to, the procurement regimes as set out in Section 7 of the Regulations, commonly referred to as the ‘light touch regime’. It would be possible for appointed providers to apply to vary their service offerings, including adding new services, and the arrangement would remain continually open to facilitate inclusion of new entrants.

The report summarised the outcome of the procurement process for the flexible framework and Appendix 1 to the report provided an overview of the participating Councils and estimated annual spend.

The report further advised that 56 organisations accessed the application documents and that 28 applications in relation to 73 services had been received. Following evaluation of all 28 applications, 25 applicants were considered to be suitable for admission to the flexible framework for all services they offered. Three applicants did not meet the qualification requirements in respect of regulatory registration and were excluded from further evaluation. Appendix 2 to the report provided a summary of all applications and outcomes achieved and Appendix 3 to the report detailed the location of the service provision per provider per local authority. Following identification of the recommended applicants, a Post Tender Negotiation (PTN) process would be applied in accordance with the published procurement process.

Based on the evaluation undertaken to date, it was noted that Scotland Excel intended to undertake PTN with those applicants set out in Appendix 2 to the report before proceeding to conclude their awards to the flexible framework. The report proposed that delegated authority be awarded to the Chief Executive of Scotland Excel to approve the outcome of the PTN process and establish the flexible framework. This would allow a timely conclusion of the standstill and award process and minimise any gap between the predecessor framework and the new flexible framework being established.

The report detailed the approach taken by applicants in relation to fair work practices and their position on the payment of the Real Living Wage together with the other benefits that would be achieved through the flexible framework, subject to completion of the PTN process. The report intimated that, in accordance with Scotland Excel’s established contract segmentation tool, the framework had been classified as Class A.  

DECIDED: 

(a) That authority be delegated to the Chief Executive of Scotland Excel, or the Director of Strategic Procurement & Commissioning in the Chief Executive’s absence, following satisfactory completion of PTN, to approve the recommendations set out in Appendix 2 to the report and establish the flexible framework agreement on that basis, reporting back to the Executive Sub-committee at the earliest opportunity thereafter;

(b) That authority be delegated to the Chief Executive of Scotland Excel, or the Director of Strategic Procurement & Commissioning in the Chief Executive’s absence, to (i) approve recommendations following the evaluation of applications received from new entrants during the open period of the flexible framework, (ii) approve recommendations following the consideration of formal requests from existing providers to vary their service offering, and (iii) approve the outcome of the PTN process; and 

(c) That it be noted that the Executive Sub-committee would be updated on the appointment of any new providers to the flexible framework on an annual basis via incorporation to the Annual Procurement Report.

 

There was submitted a report by the Chief Executive of Scotland Excel relative to the fee setting process for 2025/26 within the national collaborative social care contracts and highlighting the highlighting the associated risks.

The report advised that Scotland Excel managed a portfolio of collaborative social contracts across adult social care and children’s services with fees for each contract typically varying on an annual basis. The report provided detail in relation to the national contracts; the fee setting process in 2023/24; views on a position for 2025/26; and the associated risks.

The report intimated that Scotland Excel proposed to apply a consistent approach to fee setting for 2025/26 across the national social care portfolio and apply appropriate uplifts in relation to cost pressures faced and the changes to eNIC. This would be tempered by the introduction of considerations on efficiencies and applying this to fee uplift processes for contracts and services where appropriate. It was noted that this could have an impact on purchasing ability due to limited budgets and the consideration of uplifts in respect of unfunded aspects of service costs, such as eNIC. Scotland Excel was recommending this as the option which presented the least risk to continued service provision whilst acknowledging the risk that increases to fees might result in a reduction in purchasing of services overall. 

Councillor Keating advised that Aberdeenshire Council were not in support of the recommendations detailed in the report.

DECIDED:

(a) That the content of the report and the risks highlighted be noted;

(b) That the recommendation to pay fair and sustainable rates to social care providers on the national contracts, particularly in relation to the increase in eNIC’s be supported; and

(c) That the ongoing participation in the national social care contracts to ensure maximum benefit was realised from collaboration for all parties be supported.

 

There was submitted a report by the Chief Executive of Scotland Excel advising that the Court of the Abertay University had applied to become an associate member of Scotland Excel. 

The report provided details of the organisation and the legislative position in relation to the application.

DECIDED: That the application by the Court of the Abertay University to become an associate member of Scotland Excel, with no annual membership fee, be approved, subject to completion and signing of the agreement documentation.

 

There was submitted a report by the Chief Executive of Scotland Excel advising that Gardeen Housing Association Limited had applied to become an associate member of Scotland Excel. 

The report provided details of the organisation and the legislative position in relation to the application.

 

DECIDED: That the application by Gardeen Housing Association Limited to become an associate member of Scotland Excel, with an annual membership fee of £550, be approved, subject to completion and signing of the agreement documentation.

 

There was submitted a report by the Chief Executive of Scotland Excel advising that Quarriers had applied to become an associate member of Scotland Excel. 

The report provided details of the organisation and the legislative position in relation to the application.

DECIDED: That the application by Quarriers to become an associate member of Scotland Excel, with an annual membership fee of £550, be approved, subject to completion and signing of the agreement documentation.

 

DECIDED: That it be noted that the next meeting of the Executive Sub-committee would be held remotely on MS Teams at 9.30 am on 16 May 2025.