Provision of Non PFI FM Services

CPV: Building and facilities management services · Facilities management services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0025 Utilities Contracts Regulations 2016 (Directive 2014/25/EU)

Procurement category

Services

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

10 Feb 2023, 14:13 GMT

Last source update

10 Feb 2023, 14:13 GMT

FTS notice number

2023/S 000-004198

Classification (CPV)

Building and facilities management servicesFacilities management services

Delivery area

South West (UKK15)

Official registry OCID

ocds-h6vhtk-03a4bd Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Application of Regulation 32 <br/><br/>The Trust is in a position to enter into an 81 month contract till 4th October 2029, with Serco Ltd if one of the exemptions from tendering set out in Regulation 32 applies. In this instance the Trust wishes to utilise Regulation 32(2)(b) to award a contract to Serco Ltd.<br/><br/>Regulation 32(2)(b) is the sole supplier exemption and applies where:<br/><br/>

• The services can only be supplied by a particular supplier as competition is absent for technical reasons (“Test 1”)<br/><br/>
• There is no other reasonable alternative or substitute available (“Test 2”); and<br/><br/>
• The Trust has not artificially narrowed the parameters of the procurement in order to attempt to rely on the exemption (“Test 3”).<br/><br/>Test 1: The services can only be supplied by a particular supplier as competition is absent for technical reasons:<br/><br/>
• Serco Ltd own and maintain security and access controls across the PFI site. Introduction of secondary systems is not feasible.<br/> <br/>
• Serco Ltd supply Porters and Cleaners to the PFI site, these are easily extended to the non PFI buildings, retaining Patient Care and Experience. TUPE would not be feasible as we would be restricting staff to Non PFI Buildings meaning we are no longer able to utilise them in the PFI buildings.<br/><br/>
• Serco Ltd are responsible for design / architectural faults across the new Non PFI buildings, introduction of a secondary vendor would create accountability issues. <br/> <br/>Test 2: There is no other reasonable alternative or substitute available <br/> <br/>
• Due to GDPR constraints, information would not be shared between the PFI incumbent Serco and any other vendors in non PFI. This would result in two entirely separate entities operating across one Trust, separately managed – with no intention of working together. <br/><br/>
• Areas situated between the PFI and non PFI buildings would suffer ambiguity on coverage, with unclear boundaries on the ground, as basic examples transport of medicines and linen would have start and end points as would pest control. This would require handover on boundary lines constantly throughout the day. Meaning staff will be stood waiting for arrivals or collections of handovers across all services provided – a direct impact on Patient Care and Experience.<br/><br/> <br/>Test 3: The Trust has not artificially narrowed the parameters of the procurement in order to attempt to rely on the exemption <br/><br/><br/>
• 92% of FM services by Spend are covered by the THC / Serco Ltd PFI FM Services contract. Only 8% of Services are contestable for tender. This is not attractive to the market.<br/><br/>
• A secondary vendor would result in the requirement of new equipment, such as but not limited to; trolleys and mops for cleaning to cages for Portering, an entirely new access control system and a new CCTV security system, all of which the Trust does not have capital budget to achieve. The investments required from another Vendor to deliver this equipment in conjunction with the service required would not be a sustainable business model within Trust budget.<br/><br/><br/>
• The contract is anticipated to cover Trust through to the end of the PFI agreement, and as such it is not deemed to be narrowing the provision down to rely on the regulation 32 exemption. <br/><br/>
• There is an intention for a full procurement process to be run for complete services across the site at the end of the PFI agreement in October 2029. Subject to not bringing services in house.

• SERCO LIMITEDAwarded supplier00242246 Serco House, 16 Bartley Wood Business Park, Hook. Hampshire., Hook, South East, RG27 9UYContact emailShow contact details

No document links were published on the notice.