Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. The core service requirement of Fleet Services is to deliver the right vehicles and equipment at the right time, in the right place, and in the most cost-effective way in order to maximise operational vehicle availability.
1.2. The MPS require a multi-supplier solution for the provision of a range of fuel cards and associated services providing regional and nationwide coverage. This assists in managing and controlling costs, providing an easy method of payment for fuel and detailed management information to aid efficient fleet management.
2. Issues for consideration
2.1. There is an increased range of fuels being made available for use with Fuel Cards and will benefit Emergency Services during the transition over to hybrids and eventually electric vehicles, as per the Mayor’s London Environment Strategy.
3. Financial Comments
3.1. Agency fuel spend under this contract will be met by respective business groups from devolved revenue budgets.
3.2. The expected revenue spend for MPS agency fuel is £10M per annum and £40M over the potential four-year duration of the contract.
4. Legal Comments
4.1. The Mayor’s Office for Policing and Crime (MOPAC) is a contracting authority as defined in the Public Contracts Regulations 2015 (the Regulations). When awarding public contracts for goods and services valued at £181,302 or above, all contracting authorities must do so in accordance with the Regulations.
4.2. This report confirms the tender detailed exceeded the above threshold. Consequently, the Regulations will apply to this requirement. This report identifies the Crown Commercial Services (CCS) framework agreement was the preferred procurement route for the Provision of Agency Fuel Cards. A compliantly procured framework agreement is a compliant route to market on the basis the framework is in force, and MOPAC is identified as an eligible user of the framework. MOPAC's requirements are within the technical and financial scope of the framework and the call-off procedure set out in the framework is followed. Commercial Services have confirmed the above within the body of their Award Recommendation Report.
4.3. Paragraph 4.15 of the MOPAC Scheme of Delegation and Consent requires that approval is obtained by the Deputy Mayor for Policing and Crime (DMPC) for all requests to award contracts of £500,000 or above.
5. GDPR and Data Privacy
5.1. The MPS is subject to the requirements and conditions placed on it as a ‘State’ body to comply with the European Convention of Human Rights and the Data Protection Act (DPA) 2018. Both legislative requirements place an obligation on the MPS to process personal data fairly and lawfully in order to safeguard the rights and freedoms of individuals.
5.2. Under Article 35 of the General Data Protection Regulation (GDPR) and Section 57 of the DPA 2018, Data Protection Impact Assessments (DPA) become mandatory for organisations with technologies and processes that are likely to result in a high risk to the rights of the data subjects.
5.3. The Information Assurance and Information Rights units will be consulted at all stages of the work arising from the current paper to ensure that all compliance requirements in respect of GDPR and Privacy are met.
5.4. Agency Fuel Cards are issued to vehicles rather than individuals therefore personal data is not required or stored. The Fuel Card procurement project does not use personally identifiable data of members of the public, so there are no GDPR issues to be considered.
6. Equality Comments
6.1. There are not considered to be equality or diversity implications arising from this procurement process.
7. Background/supporting papers
7.1. MPS Paper