Major Event Ground Reinstatement Framework 2019-2023 (Extended to June 2024)

Contracts

• Contract 028073-2023-416165786-1

  Signed

  17 Dec 2019

  Value

  £6,750,000

  Status

  active

  • Change Nature and extent of the modifications (with indication of possible earlier changes to the contract): The Royal Parks ("TRP") publishes this notice to record its intention to modify the framework for Major Event Ground Reinstatement works by extending its expiry date by a further six months only from the January 2023 modification notice. The modification also includes for the novation of the control of the works from TRP to TRP's trading subsidiary, TRP Trading Company Limited. The estimated maximum value of the modifications from the original value of £4,500,000 is up to £2,250,000 not to exceed a maximum of £6,750,000. TRP is formalising the Framework extension in September 2023 and this includes confirmation of the novation of the Contract to TradeCo). TradeCo is a company registered in England and Wales (registered number 10555909) and its registered office is at The Old Police House, Hyde Park, London, United Kingdom, W2 2UH. TRP intends to re-procure a similar ground reinstatement works Framework from during 2023/2024, for its commencement from 1st July 2024., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee. Description of the circumstances which rendered the modifications necessary and explanation of the unforeseen nature of these circumstances: The modification is required due to the delaying impact of Covid-19 (considered a Force Majeure Event under relevant contracts) on the events delivered by TradeCo and/or its partners. TRP and TradeCo believe these circumstances created a need for modification which a diligent contracting authority could not have foreseen as the works delivered under the Event Reinstatement Framework are directly linked to TradeCo's and/or its partners' events. This modification and the previous modification are further required in order to align with TRP's and TradeCo's operational requirements and to allow a smooth transition and mobilisation period between this existing Framework and the next one starting from July 2024. Furthermore, the modification is not considered substantial under paragraph 8 of Regulation 72 of the Public Contract Regulations, for the following reasons: a) The framework is not rendered materially different in character through the extension; it will deliver the same works. The Framework started in December 2019 with the intention of providing the ground reinstatement works resulting from that Winter Wonderland Event through to the December 2023/2024 Winter Wonderland Event and its ground reinstatement works. b) While the modification extends the contract to the 30th June 2024; TRP requires this six-month extension from 48 to 56 months to permit the 2023/24 Winter/Spring works to be undertaken economically with the known performance of the current contractor within the original procurement procedure; particularly as under the Framework, there is no guarantee of a volume or value of works, or the situational circumstances that have occurred from 2019. This extension will permit a new Framework to be tendered and awarded for the orderly follow-on work during the Summer of 2024 to Summer 2026 with the Winter events and the resulting reinstatements managed effectively. c) The modification does not change the economic balance of the framework agreement in favour of the contractor; as the contractor will continue to provide works for the rates agreed under the framework. d) The modification does extend the term of the framework agreement; the Works scope will remain the same. The timescale is extended by a further 6 months from the 1 January 2024 to enable the Winter Wonderland 2023/2024 and other reinstatements to be undertaken up to the 30th June 2024. e) No new contractor replaces the existing contractor. f) TRP has proposed that the services to be supplied under the Contract will be provided to TradeCo, a wholly owned subsidiary, which carries on business as a general commercial company, including managing event activity across the Royal Parks. As a result, TRP will transfer the rights and obligations under the Framework and Call-Off Contracts to TradeCo. TradeCo is a company registered in England and Wales (registered number 10555909) and its registered office is at The Old Police House, Hyde Park, London, United Kingdom, W2 2UH.

Dispute resolution & review bodies

• The Royal Parks LondonReview body London