Issue details

Issue details

Variation of Contract Award to Class Affinity for Fixed Telephony Provision

Cabinet, on 10 November 2021, resolved to:

1.     Delegate authority to the Executive Director for Communities, in consultation with the Cabinet Member for Citizen Focused Services, the Head of Financial Services and Head of Law & Governance, to conduct the procurement and award of new Telephony contracts for five years (3+2) using the [Crown Commercial Services Network Services 2 framework (RM3808 Lot 10] (fixed line and mobile), and all other necessary or ancillary agreements with the successful bidder(s) in accordance with the strategy set out in the report.


Part 19.27 of the Council’s Constitution provides that:

Contracts can only be varied when the contract allows and by a written instruction from the Head of Service or an officer they have appointed to manage the contract. Where such a variation would have a material impact on the nature of the contract or would materially alter its risk profile, advice must be sought and received from both Law and Governance and the Procurement team before such variation is put into effect.


Variations must not break any of the contract rules, the UK Public Contract Regulations 2015, or any terms of the contract.


A contract or framework may change without re-advertisement in the Find a Tender Service (FTS) where:

·         minor changes that do not affect its nature and not exceed the relevant FTS threshold and not exceed 10% for goods/services or 15% for works of the initial contract value;

·         additional goods, services or works that have become necessary where a change of supplier would not be practicable (for economic, technical or interoperability reasons) or involve substantial inconvenience/duplication of costs up to 50% of the initial contract value; and

·         the change was unforeseeable and does not affect the nature of the contract or exceed 50% of the initial contract value.

·         In the case of the second and third bullet points, the Council must publish a notice of modification of a contract during its term in the Find a Tender Service.

Decision type: Non-key

Decision status: Recommendations Approved

Notice of proposed decision first published: 30/03/2023

Decision due: 24 Mar 2023 by Executive Director (Communities and People)

Lead member: Cabinet Member for Citizen Focused Services and Council Companies

Lead director: Executive Director (Corporate Resources)

Department: Corporate Resources

Contact: Rocco Labellarte, Chief Technology and Information Officer.