0 · LEADING MANAGEMENT SERVICES LTD for Department for Work & Pensions (May 2023)

Contracts

• DWP Estates Security Technical Advisor · LEADING MANAGEMENT SERVICES LTDSME

  Signed

  27 Jan 2022

  Value

  £5,971,000

  Status

  active

  • Change The previous modification notice included the provision of Security Technical Advisory (STA) Services to assist with delivery of the Critical Security Infrastructure Programme (“CSI”) This additional increase in value of the contract relates to extensive additional services required for the CSI programme that was not envisaged at time of tender. For the purposes of the Regulation 72(1)(b) the modification did involve additional services. The additional services are necessary for the progress of the WPS Programme due to the complexity of the FM and Security procurement that emerged towards the end of 2022. DWP required specialist security technical advice on security systems, manned guarding and Alarm Receiving Centres (ARC). Additional services are deemed necessary for the WPS Programme as the consequences for not having this service could lead to a failed procurement on one or more of the security elements of FM, namely Man Guarding or ARC contract. For the purposes of Regulation 72(1)(b)(i) a change of contractor could not be made for technical reasons of interoperability with the present Contractor having helped in the design of the Delivery Model Assessment and in taking this forward into development of specifications and assisting with evaluation, moderation, supplier clarification questions and mobilisation of new suppliers Also, there are technical interoperability issues preventing The working knowledge of the enhancements that the contractor has on the WPS security contract will make a choice of another contractor impossible for technical reasons. Further, as per Regulation 72(1)(b)(ii) a change of contractor would cause significant inconvenience or substantial duplication of costs. In terms of the inconvenience, introducing a new contractor would likely cause disruption and substantial delays to the WPS Programme. involve significant delay and cost to the re-procurement programme whilst that contractor is procured and mobilised and the Department cannot afford any slippage beyond this date. In regard to costs the appointment of a second contractor would cause inconvenience and duplication of costs that would amount to substantial amounts. Running a procurement to select a supplier to deliver these additional supplies and services and the overheads for each supplier to do so, would cause a substantial duplication in costs. The modification of the contract was made by relying on Regulation 72(1)(c) (unforeseen circumstances). This applies where: (i) the need for the modification has been brought about by circumstances which a diligent authority could not have foreseen; (ii) the modification does not alter the overall nature of the contract; and (iii) the increase in price does not exceed 50% of the value of the original contract. At the time of tender it was not known that security systems would fall under Facilities Management and that the ARC would be procured separately. This additional specialist requirement for WPS was not foreseen at tender stage. As per Regulation 72(1)(c) (unforeseen circumstances) (ii) the modification does not alter the overall nature of the contract; the nature of the additional services (i.e. security technical advice on WPS) is the same and the same CPV codes will continue to apply. Further, the increase in price does not exceed 50% of the original advertised contract value as required under 72(1(c)(iii)., Need for additional works, services or supplies by the original contractor/concessionaire: The modification was necessitated as at the time of tender it was not known that Security Systems would fall under Facilities Management and that the ARC would be procured separately. The current STA Contractor are the only supplier that knows DWPs specific technical requirement and could respond immediately. No other supplier would be in the position to immediately provide this service as they would not have the in-depth knowledge of DWP and the technical requirement. Running a procurement to select a supplier to deliver these additional supplies and services and the overheads for each supplier to do so, would cause a substantial disruption and duplication in costs.

Dispute resolution & review bodies

• DWPReview body London