Variation for the Management and Management of Parks and Open Spaces Contract

Concepts

• grounds maintenance
• extreme weather management plan
• open spaces
• spaces
• management
• variation
• parks
• cemetery improvement
• social value improvements
• contract expenditure

Location

Westminster City Council

Description

Following a procurement procedure in accordance with the Public Contracts Regulations 2015 (PCR 2015), Westminster City Council awarded a contract with Continental Landscapes Limited for the Management and Maintenance of Parks, Open Spaces and Cemeteries dated 1 May 2019. The contract commenced on 1 April 2017 for a period of 6 years with the option to extend up to a maximum of a further 6 years. The first extension period of 3 years is due to expire on 31 March 2026. The Council intends to take up the remaining 3 year extension up to 31 March 2029.

Total Quantity or Scope

The original tender notice (388025-2016) stated an estimated value of £13,200,000 but this range failed to take account of the value of the potential extension options. The subsequent award notice (468882-2017) stated a total contract value of £24,700,000. The value of the contract over the full contract period has increased from the contract award notice sum of £24,700,000 to the estimated level of £63,400,000. The increase in contract expenditure is accounted for by services and costs included as in the original contract but with a higher than anticipated spend. These being on ad hoc services, inflation and increases in wage costs, all as provided for in the contract. Non-substantial amendments are proposed to the service for greening and biodiversity, social value improvements, extreme weather management plan and cemetery improvement. Continental Landscapes Limited changed its name to Krinkels UK Ltd in January 2025. NB: All figures stated above exclude VAT.

Award Detail

CPV Codes

• 77314000 - Grounds maintenance services

Indicators

Legal Justification

This notice does not relate to the award of a new contract, but rather the variation of an existing contract described at Section II.2.4 above. Accordingly, the variation may lawfully be agreed between the parties and implemented without the need to conduct a fresh procurement procedure. The extension of the contract for the full advertised term is permitted in accordance with Regulation 72(1)(a) PCR 2015. Modifications which have been provided for in the initial procurement documents in a clear, precise and unequivocal review clause may be made irrespective of their monetary value. The non-substantial amendments are proposed to the service for greening and biodiversity, social value improvements, extreme weather management plan and cemetery improvement are permitted in accordance with Regulation 72(1)(e) and (8) PCR 2015 as the modifications are not “substantial” within that meaning. a) The character of the original contract and the services to be delivered by the Contractor will remain substantially the same after the variation and is not rendered materially different in character from the one originally concluded. b) The Authority has satisfied itself that the variation does not introduce conditions which would have: 1. allowed for the admission of other candidates, 2. allowed for the acceptance of another tender, or 3. attracted additional participants in the procurement procedure. c) The variation does not change the economic balance in favour of Krinkels in a manner which was not provided for in the contract - The Authority has satisfied itself that the modification does not impact on Krinkels operating costs under the original contract. d) The additional services do not extend the scope of the contract considerably. e) There is no change in contractor.