Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. The MPS have a legal obligation under PACE code of Practice B paragraph 6.13(e) to secure property where forced entry has been made and where the home owner or occupier is not on scene.
1.2. Where police have used force to enter a property and the home owner is not on scene police will contact the Emergency Boarding Up service to secure the property pending a permanent repair by the home owner.
1.3. The MPS only pay for Emergency Boarding Up where the MPS have forced entry:
• To execute a warrant;
• To arrest a suspect;
• To search a property after an arrest;
• To comply with a Court Order;
• To gain access to a suspected crime scene;
• Life and Limb cases depending on the circumstances.
1.4 The home owner/occupier pays for the Emergency Boarding Up where the damage is the result of:
• Criminal damage;
• Insecure premises.
1.5 Award of this contract will ensure that service provision is maintained to support operational policing by ensuring a prompt response enabling officers to leave the scene secured.
2. Issues for consideration
2.1. Failure to approve the award of the contract will result in the emergency boarding up services not being available which will potentially result in police officers being required to make their own arrangements at the scene with local firms which will be non-compliant; result in inconsistencies in pricing and standards across the MPS and result in police officer’s remaining at the scene for longer than is currently the case.
2.2. By ensuring a reliable and consistent service across the MPS it will not be necessary for police officers to remain at scenes longer than required enabling them to continue with their operational responsibilities in accordance with the Police & Crime Plan.
2.3. The successful bidder will use recyclable materials wherever possible and dispose of materials in a suitable manner to reduce the environmental impact of the service.
2.4. Performance will be monitored by KPIs in relation to attendance at call outs; timeliness of attendance; the provision of before and after colour photographs and the provision of audit reports detailing work carried out. Complaints will be picked up in the Contract Management meetings where information gathered under the KPIs can be utilised e.g. the colour photographs can be used if there are complaints of poor workmanship.
3. Financial Comments
3.1. The maximum value of the contract will be £7m, of which the MPS spend is estimated to be no more than £1.5m over the 4 year contract period. The MPS cost will be funded from existing MPS budgets. The remaining £5.5m is made up of public spend and spend by other Forces.
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). All awards of public contracts for goods and/or services valued at £181,302 or above must be procured in accordance with the Regulations. This report confirms the value of the proposed contract exceeds this threshold. Accordingly, the Regulations are engaged.
4.2. Section 5 (Financial, Commercial and Procurement Comments) confirms the proposed award is compliant with the Regulations.
4.3. Paragraph 7.23 of the MOPAC Scheme of Delegation and Consent provides the Director of Strategic Procurement has consent to approve the award of all contracts, with the exception of those called in through the agreed call in procedure. Paragraph 4.13 provides the Deputy Mayor for Policing and Crime reserves the right to call in any MPS proposal to award a contract for £500,000 or above.
4.4. Paragraph 5.22 provides the Chief Executive Officer of MOPAC may affix the common seal of MOPAC to contracts that are £5,000,000 or above in value over the life of the Contract (in money or money’s worth).
5. Commercial Comments
5.1. A competitive tender process has been undertaken in accordance with the Public Contracts Regulations 2015 with a successful bidder being identified.
6. GDPR and Data Privacy
6.1. 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.
6.2. Under Article 35 of the General Data Protection Regulation (GDPR) and Section 57 of the DPA 2018, Data Protection Impact Assessments (DPIA) become mandatory for organisations with technologies and processes that are likely to result in a high risk to the rights of the data subjects.
6.3. The project does not use currently personally identifiable data of members of the public, so there are no current GDPR issues to be considered. If the project uses personally identifiable data of members of the public at a later date DPIAs will be completed as needed.
7. Equality Comments
7.1. Equality and Diversity impact has been considered with no issues identified or foreseen. The successful bidder was evaluated on their ability to meet the MPS requirements under the Equality Act 2010 and responsible procurement guidelines. The evaluation considered their ability to act as a responsible employer and meet employment obligations in accordance with MOPAC objectives.
8. Background/supporting papers