The Director of Neighbourhood Services has approved the novation of an interim contract to Forest Tree Surgery and Grounds Maintenance Ltd for a duration of 12 months at a cost of up to £235,016 per year for the purpose of supplying weed control services on the public highway areas within the 22 Wards of Wirral.

The Council requires weed control on the public highway areas within the 22 Wards of Wirral to protect this infrastructure from the damage that weeds may cause.

This service was commissioned via a contract using the open tender procedure which was conducted in accordance with Council’s Contract Procedure Rules and the Public Contracts Regulations 2015 in early 2024 with the intention that it run for 24 months (2 years) from April 2024 to April 2026.

The Contract was awarded, at that time to Man Coed VM Limited. That procurement exercise involved publishing this opportunity on The Chest, in total five bids were received. The bids received were scored based on:

• Quality (Technical) – 30%
• Social Value – 5%
• TOMS – 5%
• Price – 60%
• Total – 100%

The award of the contract to Man Coed VM Ltd was within the approved budget and in accordance with the Most Economically Advantageous Tender criteria.

The financial value of this contract was £235,016 per year and the contract commenced from April 2024.

Details of this procurement are provided in Appendix 1 Analysis of Tender Valuation EXEMPT

In early January 2025 the Council was contacted by Man Coed VM Ltd advising the Council that Man Coed VM Ltd had entered ‘Prepack Administration’ and that a new legal entity Forest Tree Surgery and Grounds Maintenance Ltd had been established, with staff and resources from Man Coed VM Ltd. Forest Tree Surgery and Grounds Maintenance Ltd also sought agreement to ‘Novate’ the existing Weed Control Contract, for the remaining term, to Forest Tree Surgery and Grounds Maintenance Ltd.

Following discussions with the Head of Procurement it was agreed that a 1-year contract with Forest Tree Surgery and Grounds Maintenance Ltd would be directly awarded, under the same terms and price agreed with Man Coed VM Ltd, by way of an exception to ensure continuity of service, with a view that a longer term contract will be put in place from April 2026.

This new interim contract will begin following approval.

The information in Appendix 1 is commercially sensitive and is restricted by virtue of Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 as it is ‘Information relating to the financial or business affairs of any particular person (including the authority holding the information).’

The alternative option, of running a full competitive procurement for the remaining 12 months of the contract was considered but rejected. Given that notification of ‘Prepack Administration’ was only received in early January 2025 and the service needed to commence by 1 April 2025 there was insufficient time to run a competitive tender exercise, award the contract and for the selected supplier to be ready to commence operations.

Instead, so long as Forest Tree Surgery and Grounds Maintenance Ltd agreed to the previous terms and pricing, which within budget and were the Most Economically Advantageous Tender from the previous competitive exercise, it was agreed to Novate the contract for a 12-month period. This allows time for a competitive tender exercise to take place for the delivery of this service in future years.

The decision has been taken under Part 3 Section C - Overview and Scheme of Delegations of Authority to Officers as the decision is not reserved to a Committee or Sub-Committee and the Director is satisfied that paragraphs 2(a) to 2(c) apply.

Background Papers

Not for Publication by virtue of by virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972

Weed Control Evaluation – February 2024

Moderated Scores – February 2024

ITT SQ Compliance Table – Forest

ITT Tenderer response – Forest

Tenderer Information