Section one: Contracting authority/entity
one.1) Name and addresses
Buckinghamshire Healthcare NHS Trust
Whielden Street
Amersham
HP7 0JD
Contact
Wim Klaucke
bht.procurement.tender@nhs.net
Country
United Kingdom
NUTS code
UKJ13 - Buckinghamshire CC
Internet address(es)
Main address
https://www.buckshealthcare.nhs.uk
Buyer's address
https://www.buckshealthcare.nhs.uk
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Provision of Facilities Management Services for Stoke Mandeville Hospital
two.1.2) Main CPV code
- 79993000 - Building and facilities management services
two.1.3) Type of contract
Services
two.1.4) Short description
The Project Agreement was entered into on 21 May 2004 for the development and operation of new facilities at and the provision of associated and other service to the site of the Stoke Mandeville Hospital.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £1
two.2) Description
two.2.2) Additional CPV code(s)
- 79993100 - Facilities management services
- 79710000 - Security services
- 90910000 - Cleaning services
two.2.3) Place of performance
NUTS codes
- UKJ - South East (England)
Main site or place of performance
Stoke Mandeville Hospital
two.2.4) Description of the procurement
Buckinghamshire Healthcare NHS Trust (formerly Buckinghamshire Hospitals National Health Service Trust) and Enterprise Healthcare Limited ("Enterprise") entered the Project Agreement dated 21 May 2004 under the Government's Private Finance Initiative for, inter alia, the development of the site of the Stoke Mandeville Hospital and the provision of certain services, including facilities management services, further detailed therein.
Schedule 17 (Benchmarking and Market Testing Procedures) of the Project Agreement provides the terms and conditions upon which the Market Tested Services are to be Benchmarked and Market Tested.
By a contract also dated 21 May 2004, Enterprise engaged Sodexo Healthcare Services Limited (Company Number SC087304) (the "Original Service Provider") to carry out the Services (the "Original Service Contract"). The Original Service Provider has novated to Sodexo Limited (Company Number 0842846) (the “Service Provider”) its rights and obligations under the Original Service Contract (the "Service Contract"). The Service Contract similarly makes provision for Benchmarking and Market Testing of the Market Tested Services. (The Project Agreement and the Service Contract together are the "Project Documents".)
On or from [12 February 2024], the parties propose entering into deeds of variation in respect of the Project Documents to (amongst other changes) disapply the Market Testing provisions in the Project Documents for the remainder of the Project Term.
The deeds of variation:
1. Remove the market testing obligations from the Project Documents in respect of the Market Tested Services;
2. Provide for creation by the Service Provider of a committed fund for use by the Trust; and
3. Effects other variations provided for in the documents.
The variations are permitted pursuant to Regulation 72(1)(e)/72(8) because:
- the modifications do not render the Project Documents materially different in character from the one originally concluded and do not extend the scope considerably. The nature of the tasks that may be performed by supplier remain the same as those set out in the original procurement i.e. FM Services
- the modifications do not change the economic balance of the Project Documents in favour of a supplier in a way not originally provided for. There is no increase in the unitary charge to be paid by the Trust.
- no new contractor replaces the original supplier.
- the modification does not introduce conditions which, had they been part of the initial procurement procedure would have allowed for the admission of other candidates; allowed for the acceptance of other tenders; or attracted other participants.
For the avoidance of doubt, the Trust considers it is not bound to publish this notice but does so in the interests of transparency.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
This is a change of contract within the limits for change as given in the Public Contract Regulations
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
5 January 2024
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Enterprise Healthcare Limited
Unit 18 Riversway Business Village Navigation Way, Ashton-On-Ribble
Preston
PR2 2YP
Country
United Kingdom
NUTS code
- UKD4 - Lancashire
National registration number
04968994
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £1
Section six. Complementary information
six.3) Additional information
The Trust has used the Atamis system to populate this VEAT notice. This required the following sections to be populated to enable the VEAT notice to be published but that are not relevant to this VEAT notice:
II.1.7.1 (as well as the value on the Supplier Awarded Value)
II.2.5.1 (Change of contract only)
V.2.1.1
[insert section numbers]
The detail in the above sections should therefore be disregarded as they have only been populated so as to generate the notice for publication.
This VEAT is being published for transparency reasons and does not cover the award of a new contract and so there is no specific contract value and there was no award criteria applied.”
six.4) Procedures for review
six.4.1) Review body
High Court
Strand,
London,
WC2A 2LL
Country
United Kingdom