Issue - meetings

To consider and decide on the recommendations as set out in the attached report.

RESOLVED – That the appointment of Ricardo Energy & Environment, a trading name of Ricardo-AEA Ltd as the Contractor to manage the Kent and Medway Air Quality Network and Website for an initial period of 3 years with the option of 2 annual extensions be approved..

REASON FOR DECISION:

To comply with DEFRA requirements for the analysis, quality control and verification of air quality data provided by the monitoring stations located within the respective local authority areas.

Karin Grey, Sustainability Manager introduced the report that recommended approval of Ricardo-AEA Ltd as the Contractor to manage the Kent and Medway Air Quality Monitoring Network and website from April 2021, subject to meeting all the procurement requirements as set out in the body of the report, for an initial period of 3 years with the option of 2 annual extensions (3+1+1).

Discussion and responses to Members questions included the following:

-       The report detailed the procurement taken for the Network Management contract of the Kent and Medway Air Quality Monitoring Network.

-       The work would ensure data taken from the air quality station was correctly managed and was accurate.  It would then be uploaded onto the Kent and Medway ‘Kent Air’ website.

-       The information collected from the air quality stations would be conveyed in a suitable format on the website for viewing by a variety of audiences.

-       The procurement was undertaken for a 3 year contract with the opportunity to extend the contract on a +1, +1 year basis.

-       The current contract was due to expire on 31 March 2021.

-       TWBC were the lead Authority for the procurement of this service.  TWBC had in place a Service Level Agreement, drawn up by Mid Kent Legal Services and signed by all participating Kent Local Authorities and Medway Unitary.

-       The Service Level Agreement ensured that all participants agreed to meet their cost contributions for the length of the contract.

-       The support TWBC in this work the partners would also pay a yearly administration fee.

-       Maidstone and Tunbridge Wells procurement partnership, along with Mid Kent Legal Services were involved in the entire procurement process.

-       Following the tender process, 2 submissions were received. One from Air Quality Data Managers (AQDM), the other from Ricardo Energy and Environment.

-       An assessment process was undertaken in line with the Public Contracts Regulations and an evaluation was carried out in accordance with the expectations that would be placed on any reasonable authority.

-       AQDM, the current contractor, failed to meet the mandatory requirements for the new contract and therefore did not progress through the tender process.

-       Ricardo Energy and Environment met all the mandatory requirements and all elements of the specification.

-       AQDM expressed dissatisfaction with the outcome and raised an initial challenge on 8 December and again on 11 December 2020.  The challenges were considered in full and determined that AQDM had not clearly demonstrated compliance with the tender specification requirements and that the evaluation had been undertaken in accordance with the Council’s procurement procedures and in line with the Public Contracts Regulations (2015).

-       AQDM were advised of their legal right of challenge with the deadline to submit a legal challenge to the High Court by 6 January 2021.  This had now expired.

-       Air quality was an important issue for the Council.  Work was being undertaken to improve awareness especially around schools, signage etc.  In addition, the Council was considering the idea of introducing  ...  view the full minutes text for item 98

To consider and provide a recommendation to Cabinet on the proposals set out in the attached report.

Karin Grey, Sustainability Manager introduced the report that recommended approval of Ricardo-AEA Ltd as the Contractor to manage the Kent and Medway Air Quality Monitoring network and website from April 2021, subject to meeting all the procurement requirements as set out in the body of the report, for an initial period of 3 years with the option on 2 annual extensions (3+1+1).

Discussion and responses to Members questions including the following:

-       The report detailed the procurement taken for the Network Management contract of the Kent and Medway Air Quality Monitoring Network.

-       The work would ensure the data taken from the air quality station was correctly managed and was accurate. It would then be uploaded onto the Kent and Medway ‘Kent Air’ website.

-       The network had been running for a number of years and was renewed regularly on a 3-5 year cycle.

-       The current contract ended on 31 March 2021. 

-       TWBC were the lead Authority for the procurement of this service.  TWBC have in place a Service Level Agreement with all the participating Kent Local Authorities and Medway Unitary.

-       The Service Level Agreement ensured that all participants agreed to meet their cost contributions for the contract, for the length of the contract. 

-       The main aim of the contract was to ensure a high quality standard of good air quality data to assist Local Authorities in air quality management.  In addition it would combine outputs from individual Local Authorities to create an overall perspective of air quality in Kent and Medway.

-       The information collected would then be conveyed in a suitable format for viewing by a variety of audiences.

-       Maidstone and Tunbridge Wells procurement partnership, along with Mid Kent Legal Services were involved in the whole procurement process.

-       Following the tender process, 2 submissions were received. One was from Air Quality Data Managers (AQDM), the other was from Ricardo Energy and Environment.

-       An assessment process was undertaken in line with the Public Contracts Regulations and an evaluation was carried out in accordance with the expectations that would be placed on any reasonable Authority.

-       AQDM, the current contractor, failed to meet the mandatory requirements for the new contract and therefore did not progress through the tender process.

-       Ricardo Energy and Environment met all the mandatory requirements.

-       AQDM expressed dissatisfaction with the outcome and raised an initial challenge on 8 December and again on 11 December 2020 .  The challenges were considered in full and determined that AQDM had not clearly demonstrated compliance with the tender specification requirements and that the evaluation had been undertaken in accordance with the Council’s procurement procedures and in line with the Public Contracts Regulations (2015).

-       AQDM were advised of their legal right of challenge with the deadline to submit a legal challenge to the High Court by 6 January 2021.  This had now expired.

-       Subject to Cabinet approval, the award of contract could now be made.

-       The Network had been in  ...  view the full minutes text for item 16