URL: https://democracy.wirral.gov.uk/ieDecisionDetails.aspx?ID=6129

Decision Maker: Assistant Director: Property and Investment

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: Contract to provide risk assessments, monthly monitoring and six monthly servicing (the CYPD buildings, except Special Schools and Children’s Centres, are every 12 months servicing) of Thermostatic mixing valves, to ensure that all water systems within premises operated by the authority meet the requirements as detailed within the approved code of practice L8 ‘Legionnaires Disease

Content: The Assistant Director of Property and Investment has approved the commencement of a compliant procurement exercise for the provision of water hygiene monitoring and risk assessment services in relation to the Council's land and property with an estimated contract value of £600,000, over a period of up to four years.   Wirral Borough Council manages an extensive portfolio of properties, many of which contain water systems that require regular monitoring and testing. To ensure compliance with the Approved Code of Practice L8 – Legionnaires’ Disease: The Control of Legionella Bacteria in Water Systems – the Council must carry out monthly inspections, water sampling, and statutory servicing of thermostatic mixing valves. Establishing the means to appoint qualified contractors to perform these essential tasks is a critical step in maintaining legal compliance and safeguarding public health.   Currently, the Facilities Management team delivers both planned and reactive maintenance services across the Council’s land and property portfolio, either directly or on behalf of the Council’s service areas. As part of the Council’s transition to a Corporate Landlord Model, this team will ultimately assume responsibility for the maintenance of all Council-owned land and buildings—excluding schools, which operate under separate management arrangements.   The Council’s property portfolio comprises a diverse mix of operational and non-operational assets, including offices, public venues, commercial and retail properties, regeneration sites, and schools.   The Council has a statutory obligation to ensure that all its assets comply with relevant Health and Safety legislation and regulations. Failure to implement an appropriate solution for water hygiene monitoring and risk assessment would significantly hinder the Council’s ability to meet these legal responsibilities.   There is no viable “do-nothing” option. The Council must have a contract in place to ensure compliance with its statutory obligations, as outlined in this report. Under the Health and Safety at Work etc. Act 1974, the Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Approved Code of Practice L8 – Legionnaires’ Disease: The Control of Legionella Bacteria in Water Systems – the Council is legally required to manage and mitigate risks associated with water systems.   The Council could look to let individual pieces of work on a case-by-case basis. This would present a significant challenge to administer, significantly increase the cost of administration and would not be satisfactory for certain works, for example emergency call out. Not commissioning would generate significant challenges to the Facilities Management team, impacting their operational effectiveness, in provision of works and would have significant implications for the operation of the Council's property portfolio, which may lead to asset non availability or Health and Safety implications.   The Council could opt to seek a contractor by way of open tender. This would be very difficult, and time consuming to deliver and would require additional resource to implement. An open tender does have the advantage that local contractors who are not on frameworks may find it easier to bid, although the volume of work needed to be delivered by bidders may also discourage bids.   Using a framework would reduce the burden of administering letting the contract. Most frameworks in this sector are closed frameworks, which would mean that new providers are prevented from accessing the framework and bidding on the contract.  This can be detrimental to businesses that are not already selected for frameworks. Local contractors are often not on established frameworks.   The Council could explore other options, for example outsourcing models, however there is a requirement for a contract to be in place now to enable delivery of works and any development of a proposal for outsourcing would need to be properly developed, so the best outcome for the Council could be achieved and the contract mobilised.  

Date of Decision: November 6, 2025