Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (05.09.07) to approve the Camerons Ltd tender for the Clos du Fort refurbishment.

Decision Reference: MD-H-2007-0061
Decision Summary Title :	DS - Approval of tender for Clos Du Fort Refurbishment		Date of Decision Summary:	9th September 2007
Decision Summary Author:	Stuart W Hutton		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Clos Du Fort – Acceptance Of Tender		Date of Written Report:	9th September 2007
Written Report Author:	Stuart W Hutton		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The refurbishment of 1-48 Clos Du Fort
Decision(s): The Minister accepted the tender from Camerons Ltd in the amount of £1,154,607.00 on the basis that it was the lowest tender, albeit non-compliant, and authorised the Director of Estate Services to sign the necessary contracts on his behalf.
Reason(s) for Decision: To comply with Code of Direction 5.6, paragraph 5.11.25
Resource Implications: Financial: Commitment of £1,154,607.00 from the Departments Capital Budget Manpower: Nil Property: Nil ICT: Nil Law Drafting: Nil
Action required: Director of Estate Services to arrange placing of Contract and the virement of the necessary funds to the appropriate account.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Clos du Fort refurbishment - acceptance of tender

DATE OF REPORT: - 3rd September 2007

REPORT TO THE HOUSING MINISTER

CLOS DU FORT – ACCEPTANCE OF TENDER

On 2nd February 2007 the Minister will recall that he accepted the pre-tender estimate in respect of the refurbishment programme planned for 1 – 48 Clos du Fort (MD-H-2007-0013 refers). Competitive tenders were subsequently sought in accordance with Code of Direction 5.6. Tenders were received at 12:30pm on Friday 1st June 2007. A total of 9 tenders, (7 compliant and 2 non-compliant) were received from the 9 contractors invited to tender. These were as follows:-

Contractor	Compliant Tender £	Weeks	Non-Compliant Tender £
Matrix	1,064,603.62	34	992,571
Concrete Repairs Ltd	1,158,776.27	32
Colan Construction	1,167,502.00	34
A1 Property Services	1,168,160.00	42
Regal Construction	1,222,380.65	34
Camerons Ltd	1,241,113.00	38	1,154,607.00
Charles Le Quesnes	1,351,289.30	60
Houze Bros	No Tender Submitted
Hacquoil & Cook	No Tender Submitted

The tender from Matrix was the lowest compliant tender and was subsequently examined by the Quantity Surveyors, Tillyard. However, Matrix then requested to have their tender withdrawn due to the loss of a pivotal member of their staff.

The Quantity Surveyor was then instructed to review the remaining tenders.

Camerons Ltd also submitted a non-compliant tender which offered the potential for a considerable saving by using a different insulation and render system. The Quantity Surveyors were also instructed to review this non-compliant tender.

The Quantity Surveyors met with Camerons and reviewed their non-compliant tender and it is their opinion that that tender submitted by Camerons is ‘Bona Fide’ and forms a proper basis on which to enter into a contract with savings being generated from the use of a different insulation and render system and some reduced preliminaries based upon optimised sequencing.

Recommendation

That the Minister:-

1. Accept the tender from Camerons Ltd in the amount of £1,154,607.00 (Pre-tender estimate was £1,185,000.00) on the basis that it was the lowest tender, albeit non-compliant; and

2. Authorises the Director of Estate Services to sign the necessary contracts on his behalf.

S Hutton

Capital Projects Officer

3-9-07