Decision details

Interim Contract Direct Award – Provision of Water Quality Services for the Control of Legionella including Sampling, Subsequent Reporting, Treatment & Maintenance of Water Systems

Decision Maker: Deputy Chief Executive -

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Part A: Requirement for an exemption under rule 21.3 (j) “Where continued provision of Supplies, Works or Services is required for an additional period and this can be justified, for example where a service review includes the intention to co-terminate relevant Contracts within a reasonable period with all exceptional circumstances to be objectively evidenced in the exemption request to enable the decision maker to reach an informed and reasonable decision in the circumstances.” of the Contract Procedure Rules (CPRs) to waive the procurement procedures under rule 4 of the CPRs, which would enable a direct award of a contract to be considered under Part B.
Part B: Subject to approval of the proposed exemption under Part A, appoint Pure-Tech (UK) Ltd.to provide Provision of Water Quality Services for the Control of Legionella including Sampling, Subsequent Reporting, Treatment & Maintenance of Water Systems on Council assets for a period of 12 months.

Decision:

RESOLVED - That:
Part A

In accordance with rule 21.3 (j) of the Contract Procedure Rules, approve:
an exemption to the procurement procedures prescribed under rule 4 of the Contract Procedure Rules to allow for a direct contract award without competition to be made to Pure-Tech (UK) Ltd.to deliver those services detailed in this report.

Part B
Subject to the approval of the requested exemption under Part A,
1.
To directly appoint and to enter into a contract with Pure-Tech (UK) Ltd. for a period of 12 months for Provision of Water Quality Services for the Control of Legionella including Sampling, Subsequent Reporting, Treatment & Maintenance of Water Systems on Council assets with a maximum contract value of £40,000 including VAT.
2.
Approve the budget required for the proposed 12-month period
3.
Approve the appointment of Pure-Tech (UK) Ltd. and authorise the completion of necessary contract documentation, so that the Council can enter into a Contract with Pure-Tech (UK) Ltd. for the proposed Contract.
4.
Delegate authority to the Borough Solicitor to carry out all necessary legal formalities.

Reasons for the decision:

Not to allow interim contracts. This would put the Council at greater risk with contractors not having surety of contract and set contract terms.

Alternative options considered:

None

Other reasons / organisations consulted

None

Contact: Ian Foy, Team Leader Project Management, Building & Quantity Surveyors Email: ian.foy@oldham.gov.uk Email: Ian.Foy@Oldham.gov.uk.

Publication date: 19/12/2025

Date of decision: 01/09/2025