Section one: Contracting authority/entity
one.1) Name and addresses
Surrey and Borders Partnership NHS Foundation Trust
Third Floor, LeatherheadThird Floor, Leatherhead House, Station Road House, Station Road
Leatherhead
KT22 7FG
Contact
Natalie Croft
Country
United Kingdom
Region code
UKJ2 - Surrey, East and West Sussex
Internet address(es)
Main address
Buyer's address
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
Waste Management Services
two.1.2) Main CPV code
- 90524100 - Clinical-waste collection services
two.1.3) Type of contract
Services
two.1.4) Short description
Surrey and Borders Partnership NHS Foundation Trust (“the Trust”) awarded a contract to Grundon Waste Management Ltd (“Grundon”) commencing on 1st October 2018 following a procurement for waste management services (“the Contract”). The Contract was procured via the NHS Commercial Solutions hosted Waste Management framework, reference number 4321-20198, via a mini competition. The procurement was advertised in the OJEU Contract Notice 2017/S 115-231905. The Contract was for an initial period of three years with an option to extend for up to two years, which has been exercised. The Contract spend to date is £899,211 (exclusive of VAT) . The Contract is now due to expire on 30th September 2023. The Trust is intending to extend the Contract for a period of 6 months with a longstop date of 31st March 2024 to allow the Trust to conduct a re-procurement exercise for the long-term successor to the Contract.
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: £995,823.29
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKJ2 - Surrey, East and West Sussex
two.2.4) Description of the procurement
The Trust intends to extend the duration of the Contract for a bridging period of 6 months, to 31st March 2024. The estimated value of the proposed modification is £96,612.29 ex VAT.
The extension will provide the Trust with a sufficient period of time to undertake a review of its waste management services, to manage the orderly wind-down and exit of the Contract and to run a re-procurement exercise for the long-term successor to the Contract.
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:
The Trust considers that it is permissible to extend the Contract on the basis that (a) the proposed modification will not breach the requirement in regulation 33(6) of the Public Contracts Regulations 2015 (as amended) (“PCR”) (call off contracts must not entail substantial modifications to the terms laid down in the framework agreement); and (b) the proposed modification is not “substantial” within the meaning of Regulation 72(1)(e) and 72(8) of the PCR.
The existing Contract commenced on 1st October 2018 and expires on 1st September 2023. The Trust intends to extend the Contract by 6 months to allow the Trust time to run a re-procurement exercise for the appointment of a long-term successor to the Contract. The total value of the original Contract was £1,079,054 (inclusive of VAT) and the cost of the proposed 6-month extension is £115,934 (inclusive of VAT).
The Trust’s position is that the proposed extension is a permitted modification under Regulation 72(1)(e) of the (“PCR”) (non-substantial modifications) and that none of the conditions set out in Regulation 72(8) are met.
With reference to Regulation 72(8)(a), the proposed modification will not render the Contract materially different in character to the one initially concluded as there will be no change to the services (either in terms of the nature of the services or the quantity). The modification is an extension of term only.
With reference to Regulation 72(8)(b), the Trust does not consider that the modification introduces conditions which, had they been part of the initial procurement procedure, would have— (i) allowed for the admission of other candidates than those initially selected, (ii) allowed for the acceptance of a tender other than that originally accepted, or (iii) attracted additional participants in the procurement procedure. The only effect of the modification is to extend the term of the Contract and so the Trust does not consider that there would have been any change to the outcome of the original procurement.
With reference to Regulation 72(8)(c), the modification will not change any of the commercial terms of the Contract, and so there will be no change to the economic balance of the Contract.
The Trust does not consider that the modification will extend the scope of the Contract considerably within the meaning of Regulation 72(8)(d) in the context of the Contract as a whole. No change is proposed to the nature or quantity of the services and no new services will be included in the scope.
Regulation 72(8)(e) of the PCR is not engaged as there is no change to the contractor.
The purpose of the modification is to provide a ‘bridging period’ in order to conduct a re-procurement exercise for the long-term successor to the Contract. The modification will therefore allow continuity of service and value for money for the Trust while it conducts this exercise, the scope of which will include managing the orderly wind-down and exit of the Contract with the existing supplier and mobilisation of the new Contract.
four.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2017/S 115-231905
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
1 October 2018
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
Grundon Waste Management Limited
Star Works, Star Lane, Knowl Hill
Berkshire
RG10 9XY
Country
United Kingdom
NUTS code
- UKJ1 - Berkshire, Buckinghamshire and Oxfordshire
National registration number
04245965
Internet address
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £899,211
Total value of the contract/lot/concession: £96,612.29
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
The Strand
London
WC2A 2LL
Country
United Kingdom
Internet address
https://www.judiciary.uk/courts-and-tribunals/high-court/
six.4.4) Service from which information about the review procedure may be obtained
The High Court
The Strand
London
WC2A 2LL
Country
United Kingdom