Decision details

Appointment of an investigator to investigate all the circumstances that led to the signing of a Conditional Land Sale Agreement with Capco in 2013, in relation to West Kensington and Gibbs Green Estates.

Reasons for urgency:

Following the decision to investigate all the circumstances that led to the signing of a Conditional Land Sale Agreement with a private developer in 2013, in relation to West Kensington and Gibbs Green Estates; there is an urgent need to appoint an investigative company and an eDiscovery company to conduct the investigation which in part involves processing historical electronic data held by the council.

The urgency arises from:

•        The monthly cost of retaining historical electronic data which is costing the council £25,000 per month until its deleted;

•        The need for a speedy conclusion of the investigation to allow savings to be realised and give the council control over the project costs; and

•        The risk that further delay may have on the investigation and its outcomes arising from contractual and/or statutory liability limitation.

The Leader is recommended to approve:

1.1         A waiver pursuant to Contract Standing Orders (CSO) 3.1 in relation to the competition requirements of CSO 10.2 (to advertise contract and seek quotations or use a framework) to enable the direct award of two separate contracts for provision of investigative services, on the grounds that:

                  (i).        The nature of the market for the services to be provided has been investigated and is demonstrated to be such that a departure from these CSOs is justifiable; and

                 (ii).        it is in the council’s overall interest to pursue this route;

1.2         The award of a contract to Kroll to conduct the investigation at a cost contained in exempt appendix A.

1.3         The award of a contract to KLDiscovery to provide technical, forensic and eDiscovery support to the investigation at a cost contained in exempt appendix A.

1.4         Delegate authority to the Assistant Director of Legal and Democratic Services to finalise the terms of both contracts.

1.5         A project budget for the investigation as set out in exempt appendix A and which includes the amounts included in recommendations 2.2 and 2.3 above.

Following the decision to investigate all the circumstances that led to the signing of a Conditional Land Sale Agreement with a private developer in 2013, in relation to West Kensington and Gibbs Green Estates; there is an urgent need to appoint an investigative company and an eDiscovery company to conduct the investigation which in part involves processing historical electronic data held by the council.

The urgency arises from:

•        The monthly cost of retaining historical electronic data which is costing the council £25,000 per month until its deleted;

•        The need for a speedy conclusion of the investigation to allow savings to be realised and give the council control over the project costs; and

•        The risk that further delay may have on the investigation and its outcomes arising from contractual and/or statutory liability limitation.

As described in the report.