Section one: Contracting authority/entity
one.1) Name and addresses
Lisburn and Castlereagh City Council
Island Civic Centre Lagan Valley Island The Island
Lisburn
BT27 4RL
andrew.hegan@lisburncastlereagh.gov.uk
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://etendersni.gov.uk/epps
Buyer's address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
TENDER FOR THE PROVISION OF LOCK, UNLOCK, KEY HOLDING AND ALARM RESPONSE SERVICES T21/22-037
two.1.2) Main CPV code
- 79710000 - Security services
two.1.3) Type of contract
Services
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN0E - Lisburn and Castlereagh
two.2.4) Description of the procurement at the time of conclusion of the contract:
The council require a Lock and Unlock Service for its Parks and Amenities and a Key holding and alarm
response and open/close of Dundonald Ice bowl and Bradford Court. This contract is in the form of 3 Lots; Lot 1 Open / Close with visual inspection, litter lift and disposal. Lot 2 Open / Close with visual inspection, litter lift and disposal including Toilet facility cleaning. Lot 3 Key holding and alarm response and open/ close Dundonald Ice bowl and Bradford Court.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
24
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.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2024/S 000-014617
Section five. Award of contract/concession
Contract No
1
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
28 March 2024
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Cobra Specialist Security Services
Lisburn
Country
United Kingdom
NUTS code
- UKN0E - Lisburn and Castlereagh
Internet address
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £1,136,315.57
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
Belfast
Country
United Kingdom
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 79710000 - Security services
seven.1.3) Place of performance
NUTS code
- UKN0E - Lisburn and Castlereagh
seven.1.4) Description of the procurement:
The council require a Lock and Unlock Service for its Parks and Amenities and a Key holding and alarm
response and open/close of Dundonald Ice bowl and Bradford Court. This contract is in the form of 3 Lots; Lot 1 Open / Close with visual inspection, litter lift and disposal. Lot 2 Open / Close with visual inspection, litter lift and disposal including Toilet facility cleaning. Lot 3 Key holding and alarm response and open/ close Dundonald Ice bowl and Bradford Court
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
24
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£1,136,315.57
seven.1.7) Name and address of the contractor/concessionaire
Cobra Specialist Security Services
Lisburn
andrew.hegan@lisburncastlereagh.gov.uk
Country
United Kingdom
NUTS code
- UKN0E - Lisburn and Castlereagh
Internet address
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Regulation 72(1)(c) permits this modification, due to unforeseen circumstances which a diligent contracting authority could not have foreseen, the overall nature of the contract is not altered and Modification value does not exceed 50 % of the original contract value
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
Modification to the Contract has been brought about due to the unforeseen termination of a Contract between the LCCC and Hi-Tech, with termination notice being provided 30 days in advance. Due to the unexpected termination of the Contract, the Council, despite their best efforts, did not have sufficient time to carry out a tender exercise. In order to ensure the continuity of services, avoidance of reputational damage and on health and safety grounds, it was agreed to invoke an emergency appointment of a new Contractor.
Upon evaluation, the best option for maintaining the delivery of services, compliance with the relevant procurement regulations as well as value for money would be achieved by modifying an existing contract between LCCC and Cobra in order to incorporate the additional duties following the termination of the previous Contract with Hi-Tech. Other contracts were considered however were not suitable. Regulation 72(1) (b) further permits this as a change of provider:
(i) cannot be made for economic and technical reasons as requirements of interchangeability or interoperability of services procured under the original procurement and given the need to ensure continued services; and
(ii) will cause significant inconvenience and duplication of costs.
It has also been brought about by unforeseen inflationary pressures and in particular wage inflation.
(ii) the modification does not alter the overall nature of the contract;
Regulation 72(1)(c) permits this extension as the overall nature of the contract is not altered. The modification does not alter the existing contract with Cobra as similar duties are carried out under their current contract, such as:
- Opening/closing of facilities
- Litter picking
- Cleaning of welfare facilities
- Building/facility inspections
- Legionella flushing of facilities.
- Playing surface inspections
There is extension to the number of sites and the additional services Cobra will be responsible for following this modification include, but are not limited to:
- Erecting corner flags for pitches
- Rolling out of roll-away football goal nets.
- Extension of cleaning to include changing facilities.
Due to unforeseen inflationary pressures, combined with the increase in minimum/living wage an uplift will be applied to the originally tendered hourly of 14.9% for the existing services and 22.2% for the additional duties performed by way of the variation of the contract.
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
The increase in the expenditure in the contract brought about through the increase in services and the increase in the minimum/living wage will not exceed 50% of the value of the original contract and indeed is currently estimated to fall within the levels permitted under Regulation 72 (5) but notwithstanding this notice is published in the interest of transparency.
seven.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee.
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
Regulation 72(1)(c) permits this modification, due to unforeseen circumstances which a diligent contracting authority could not have foreseen, the overall nature of the contract is not altered and Modification value does not exceed 50 % of the original contract value
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
Modification to the Contract has been brought about due to the unforeseen termination of a Contract between the LCCC and Hi-Tech, with termination notice being provided 30 days in advance. Due to the unexpected termination of the Contract, the Council, despite their best efforts, did not have sufficient time to carry out a tender exercise. In order to ensure the continuity of services, avoidance of reputational damage and on health and safety grounds, it was agreed to invoke an emergency appointment of a new Contractor.
Upon evaluation, the best option for maintaining the delivery of services, compliance with the relevant procurement regulations as well as value for money would be achieved by modifying an existing contract between LCCC and Cobra in order to incorporate the additional duties following the termination of the previous Contract with Hi-Tech. Other contracts were considered however were not suitable. Regulation 72(1) (b) further permits this as a change of provider:
(i) cannot be made for economic and technical reasons as requirements of interchangeability or interoperability of services procured under the original procurement and given the need to ensure continued services; and
(ii) will cause significant inconvenience and duplication of costs.
It has also been brought about by unforeseen inflationary pressures and in particular wage inflation.
(ii) the modification does not alter the overall nature of the contract;
Regulation 72(1)(c) permits this extension as the overall nature of the contract is not altered. The modification does not alter the existing contract with Cobra as similar duties are carried out under their current contract, such as:
- Opening/closing of facilities
- Litter picking
- Cleaning of welfare facilities
- Building/facility inspections
- Legionella flushing of facilities.
- Playing surface inspections
There is extension to the number of sites and the additional services Cobra will be responsible for following this modification include, but are not limited to:
- Erecting corner flags for pitches
- Rolling out of roll-away football goal nets.
- Extension of cleaning to include changing facilities.
Due to unforeseen inflationary pressures, combined with the increase in minimum/living wage an uplift will be applied to the originally tendered hourly of 14.9% for the existing services and 22.2% for the additional duties performed by way of the variation of the contract.
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
The increase in the expenditure in the contract brought about through the increase in services and the increase in the minimum/living wage will not exceed 50% of the value of the original contract and indeed is currently estimated to fall within the levels permitted under Regulation 72 (5) but notwithstanding this notice is published in the interest of transparency.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £1,000,000
Total contract value after the modifications
Value excluding VAT: £11,363,315.57