Agenda item

RESOLVED that extending the value of the contract with The Future Fox to £453,115 as an exemption to the Council’s Contract Procedure Rules, be agreed.

Executive’s approval was sought to further extend the Council’s contract with the Future Fox to cover the extension of the Council’s PropTech project using Round 3 funding award from the government’s PropTech Engagement Fund.

The Council had been selected as one of the pilot authorities under the Department for Levelling Up, Housing and Communities’ PropTech Engagement Fund, and had secured £195,800 for plan-making consultation work through Rounds 1 and 2 of the Fund.

Following a tender exercise in November and December 2021, for a suitable PropTech software provider to deliver the Council’s project, The Future Fox was identified as the preferred contractor and a contract was entered into on 31^st March 2022.

Officers had been working closely with officials at the Department for Levelling Up, Homes and Communities to provide feedback on the Council’s work, and this had been very well received by the Department.  As a result, the Council was invited by the Department to bid for additional funding under Round 3 of the PropTech Engagement Fund to deliver further innovative digital planning work through its partnership with The Future Fox.  The Council had been successful again, receiving an offer of a further £282,800 to deliver the work with The Future Fox.  This offer had been accepted and the funding was received in March 2023.

Due to the value of the proposed works there would be merit in testing the market again to ensure that the Council was awarding contracts in the correct manner.  Given the Department’s support for the Council’s work with The Future Fox, the preferred option would be to engage The Future Fox to deliver this work.  In addition, The Future Fox were well placed to deliver the software development and deliver the proposals in time to meet the Council’s and the Department’s timescales.  However, this would require an extension to their existing contract and see the cost of the contracted works increase to £453,115 – a sum significantly above their existing tendered for contract.

Committing to a second procurement exercise would introduce a delay of approximately two months in order to set up the exercise, run it and evaluate it.  Furthermore, the exercise could also potentially create reputational problems for the Council.  Due to the exceptional circumstances of this contractual matter, it was considered that a further procurement exercise was not pursued and that an extension to The Future Fox’s existing contract be approved as an exemption to the Council’s Contract Procedure Rules under section 4.8.4 (1) (c).

Moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson

RESOLVED that Executive agree to extending the value of the contract with The Future Fox to £453,115 as an exemption to the Council’s Contract Procedure Rules.

(Planning Policy and Housing Strategy Manager)

Reasons for Recommendation

The Council’s success in securing funding from the Government’s PropTech Engagement Fund is a benefit for Bolsover District and the Authority and should see innovative digital consultation proposals being developed and rolled out.  As such, enabling the Round 3 proposals to proceed in the manner described above is desirable.  Therefore, the agreement of the Executiveis sought to extend the Council’s contract with the Future Fox as an exemption to the Council’s Contract Procedure Rules to cover the extension of the Council’s PropTech project using the Round 3 funding award from the Government’s PropTech Engagement Fund.

Alternative Options and Reasons for Rejection

It would be possible to pursue a second procurement exercise and accept the delay to the project and the potential reputational problems for the Council. However, the reasons for not pursuing this alternative option are set out in the report.

The Chair noted that this was the last Executive meeting before the District and Parish Elections on 4^th May.  He thanked everyone who had contributed over the last four years and noted that performance at BDC was second to none.  He thanked everyone for their support and wished everyone every success for the future.