Surrey and Borders Partnership NHS Trust - Hard Facilities Management (FM)

Concepts

• facilities management
• borders partnership nhs trust
• hard facilities management
• surrey and borders partnership nhs foundation trust
• leatherhead
• bouygues e
• borders partnership nhs foundation trust
• provision of hard fm services
• waste management services
• operation of hard fm services

Location

United Kingdom:

Description

Surrey and Borders Partnership NHS Foundation Trust (“the Trust”) awarded a contract to Bouygues E&S FM UK Ltd (“Bouygues”) in 2016 following a procurement for waste management services. The procurement was advertised in the OJEU Contract Notice 2015/S 140-258496. The contract commenced on 1 April 2016 and was for an initial period of five years with an option to extend for up to two years, which has been invoked. The contract is due to expire on 31 March 2023. The Trust is intending to extend the contract for a period of 12 months.

Total Quantity or Scope

The contract commenced on 1 April 2016 and had an estimated value of £16,000,000 and a maximum duration of seven years. The proposed modification will extend the duration of the contract by a further 12 months, to 31 March 2024. The estimated value of the proposed modification is £1,675,000. The reason for the proposed modification is that the Trust intends to in-house the provision of hard FM services, and to engage specialist contractors to support the Trust in that provision. It is intended that the transition to in-house provision will introduce significant improvements to the fabric and operation of hard FM services at the Trust. The transitional phase of this strategic shift in delivery presents a tangible risk to service delivery and patient safety. Therefore, to ensure consistency in the hard FM service, the Trust will be extending the current provision for twelve (12) months, whilst this phase is completed. The Trust has concluded that a period of stability is required in delivering the hard FM services without disruption to the transformational staff structure plans. Pre-planning for the engagement of separate hard FM specialist contractor support from April 2024 has begun. It is anticipated that theses tender exercises will begin in the summer of 2023, and will result in several new hard FM related service contracts being in place to commence on from 1st April 2024.

Award Detail

Award Criteria

CPV Codes

• 79993100 - Facilities management services

Legal Justification

The Trust considers that it is permissible to extend the contract on the basis that the proposed modification falls within the scope of Regulation 72(1)(b) of the Public Contracts Regulations 2015 (as amended) (“PCR”) which permits additional services to be provided by the original contractor where those additional services have become necessary, and where a change of contractor cannot be made for economic or technical reasons, and where a change of contractor would cause significant inconvenience or duplication of cost. The proposed modification amounts to a short extension covering an interim period prior to the in-sourcing of the services. It would cause significant disruption, inconvenience, and duplicated (and wasted) costs, for a new contractor to be procured and to have to mobilise for that short interim period. Furthermore, the Trust considers that the proposed modification is not “substantial” within the meaning of Regulation 72(1)(e) and 72(8) of the PCR. The proposed modification does not render the contract materially different in character to the one initially concluded. The proposed modification (in effect changing a 5+2 term to a 5+3 term) would not have affected the participation in, or outcome of, the original procurement. The proposed modification does not alter the economic balance of the contract in favour of Bouygues. It is a short extension during which the same services will be delivered for the same price.

Other Information

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