Find a TenderAwarded without competitionTransparency notice
Published 28 May 2025, 09:35 BST

Official UK procurement notice

Grounds Maintenance · UK public procurement notice

Official notice

Authority: Tunbridge Wells Borough Council (Local council)

Direct award
Awarded value£4,682,400published award · exc. VAT
Award in standstill Not publishedno call for competition
Award (standstill) to Tivoli Group Ltd

What is being bought

Published requirement description

Provision of grounds maintenance services in the borough of Tunbridge Wells, including parks, sports fields, cemeteries etc.

The lotProcurement structure

single lot · no lot value published

Procedure terms & legal framework

From the official record
Procedure method
Direct award
Legal basis
UKPGA · 2023/54 Procurement Act 2023
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
28 May 2025, 09:35 BST
Last source update
28 May 2025, 09:35 BST
FTS notice number
2025/S 000-027935
Latest notice
Transparency notice (UK5)
Delivery area
South East (UKJ46)
Official registry OCID
ocds-h6vhtk-05277c Find a Tender
Why no open competition
Additional Repeat Extension Partial Replacement
Published justification

The Direct Award is being made using the exemption in Schedule 5 Procurement Act 2023 para.19 (3):

(3)The condition in this sub-paragraph is met if, treating the new contract as a modification of the existing contract, the new contract would be a modification of the existing contract of a kind described in-

(a)paragraph 4 of Schedule 8 (unforeseeable circumstances)

Para. 4 of Schedule 8:

4(1)A modification is a permitted modification if-

(a)the circumstances giving rise to the modification could not reasonably have been foreseen by the contracting authority before the award of the contract,

(b)the modification would not change the overall nature of the contract, and

(c)the modification would not increase the estimated value of the contract by more than 50 per cent.

The specific requirements contained in the Government's English Devolution White Paper of 16 December 2024, including the scale / extent and pace of the requirement for Local Government Re-organisation (consisting of the invitation from the Minister for Local Government and English Devolution to submit interim plans by 21 March 2025 and full proposals by 28 November 2025), was not something that a diligent contracting authority could have foreseen.

The re-organisation creates immediate uncertainty in terms of which service areas will be provided by which unitary authorities, how the current administrative boundaries will be affected and how that authority may want to approach ongoing service provision. There is also uncertainty around the timing of changes and the implications (when decision-making powers may be affected including the power to enter into contracts of this nature (without consent)). The contracting authority is therefore reluctant to enter into any long term commitment for this service during this period of uncertainty.

The contracting authority does not consider that an extension of the term would alter the overall nature of the contract as the same services are to be provided on the same terms.

The increase in the estimated value of the contract is less than 50%.

Notice history

2 events · 1 release on Find a Tender · since 28 May 2025
  1. Transparency notice published
    28 May 2025, 09:35 BST
    UK5
  2. Contract signature expected
    31 Dec 2026, 23:59 GMT
    scheduled

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1some still in standstill
Awarded value £4,682,4001 award exc. VAT
Awarded toValueDateStatus
Tivoli Group Ltd1 Jan 2027 – 31 Dec 2029£4,682,400—Standstill

Contracting authority & participating public bodies

Tunbridge Wells Borough Council

Contracting authorityPublic authority - sub-central government GB-PPON: PLDX-6964-RZQX Town Hall, Monson Way, Royal Tunbridge Wells, South East, TN1 1RSContact email

Bidders & participating suppliers

1 commercial party on the notice
  • TIVOLI GROUP LIMITEDAwarded supplierGB-COH: 11120774GB-PPON: PWGN-4642-HQTX Nursery Court, Windlesham, South East, GU20 6LQContact email

Official documents & specifications (1)

Official links; attachments are not copied

Notices published for this procedure

  • Transparency notice awardTransparency noticeUK5Transparency notice on Find a Tender