Section one: Contracting authority/entity
one.1) Name and addresses
Birmingham City Council
BIRMINGHAM
B47WB
Telephone
+44 1213030349
Country
United Kingdom
NUTS code
UKG - West Midlands (England)
Internet address(es)
Main address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Holiday Activity & Food (HAF) Programme 2021 - contract variation for programme management enabling partner
two.1.2) Main CPV code
- 85100000 - Health services
two.1.3) Type of contract
Services
two.1.4) Short description
For the provision of Holiday Activities and Food (HAF) programme management service, to include additional services required by the Department of Education (DfE) as part of the condition of grant.
The additional services required through a contract variation include:
• Monitoring and Evaluation;
• Training/Education;
• Food logistics.
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: £400,000
two.2) Description
two.2.2) Additional CPV code(s)
- 85100000 - Health services
two.2.3) Place of performance
NUTS codes
- UKG - West Midlands (England)
two.2.4) Description of the procurement
For the provision of Holiday Activities and Food (HAF) programme management service, to include additional services required by the Department of Education (DfE) as part of the condition of grant.
The additional services required through a contract variation include:
• Monitoring and Evaluation;
• Training/Education;
• Food logistics.
two.2.11) Information about options
Options: Yes
Description of options
Option to extend until Easter 2022.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- Extreme urgency brought about by events unforeseeable for the contracting authority
Explanation:
Regulation 72 of the Public Contract Regulations allows variations to contracts providing certain criteria are met. In this instance Regulation 72.1 (c) applies as follows:
where all of the following conditions are fulfilled:-
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
The unforeseen nature of these circumstances is set out as follows:
• The Council is not part of the DfE's national evaluation programme and therefore will need to embed its own monitoring and evaluation into the programme. During/after process. The DfE's announcement came too late in the procurement process (contract award stage) to allow the Council to scope the new requirements and include it as part of the procurement. This was not foreseen at the tender stage.
• Since the launch of the Community Grants Programme on 17 May 2021, it has become apparent that a significant number of the small grassroots organisations will need additional training and support to delivery safe and high-quality activities and food during the school holidays. An initial training needs analysis has identified the need for training in safeguarding and food safety. This was not foreseen at the tender stage.
• Initial market engagement with food providers on the (YPO) framework, completed at the end of May, highlighted a number of risks in relation to the coordination of food/meal provision across the city to children and young people participating in the HAF programme, on free school meals. The management of these risks will require additional management oversight and coordination. This was not foreseen at the tender stage.
For Regulation72.1(c) to be met the variation must not exceed 50% of the original contract value. In this instance the variation does exceed 50% and therefore the Council needs to take a view on the risk of challenge from the market as compared with the risk of not having the Holiday Activities.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
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
31 May 2021
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
StreetGames UK Ltd
61 Mosley Street, 4th Floor Woolwich House
Manchester
M2 3HZ
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £400,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
Country
United Kingdom