Total Asset Management Contract

CPV: Architectural design services · Architectural, engineering and planning services · Architectural, engineering and surveying services · Asbestos removal services · Building construction work · Call centre · Construction work · Decoration work · Engineering services · Engineering works and construction works · Fences · Fire doors · +16 more

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Works

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

9 Feb 2023, 20:52 GMT

Last source update

9 Feb 2023, 20:52 GMT

Authority reference

CPU00230

FTS notice number

2023/S 000-004101

Classification (CPV)

Architectural design servicesArchitectural, engineering and planning servicesArchitectural, engineering and surveying servicesAsbestos removal servicesBuilding construction workCall centreConstruction workDecoration workEngineering servicesEngineering works and construction works

+18 more

FencesFire doors

Delivery area

East of England (UKH23)

Official registry OCID

ocds-h6vhtk-03a487 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The existing Contract with Osborne commenced on 1st July 2014 and expires on 30th June 2024. The Council intends to extend the contract by up to 24 months, with provision to terminate earlier, to allow the Council time to run a comprehensive re-procurement exercise for the appointment of a long-term successor to the Contract. The total estimated value of the original Contract was between £200m and £300m and the cost of the proposed two year extension is between £40m and £50m.

The Council's position is that the proposed extension is a permitted modification under Regulation 72(1)(e) of the Public Contract Regulations 2015 (as amended) ("PCR") (non-substantial modifications) and that none of the conditions set out in Regulation 72(8) are met.

With reference to Regulation 72(8)(a), the proposed modification will not render the Contract materially different in character from the one initially concluded as there will be no change to the services or works to provided for the extension period (either in terms of the nature of the works/services or the quantity). The modification is an extension of term only.

With reference to Regulation 72(8)(b), the Council does not consider that the modification introduces conditions which, had they been part of the initial procurement procedure, would have- (i) allowed for the admission of other candidates than those initially selected, (ii) allowed for the acceptance of a tender other than that originally accepted, or (iii) attracted additional participants in the procurement procedure. The only effect of the modification is to extend the term of the Contract and so the Council does not consider that there would have been any change to the outcome of the original procurement.

With reference to Regulation 72(8)(c), the modification will not change any of the commercial terms of the Contract, and so there will be no change to the economic balance of the contract.

The Council does not consider that the modification will extend the scope of the Contract considerably within the meaning of Regulation 72(8)(d) in the context of the Contract as a whole (10 years). No change is proposed to the nature or quantity of the works and services and no new services or works will be included in the scope. The period of the extension may be reduced if the procurement exercise is completed before the end of the extension period.

Regulation 72(8)(e) of the PCR is not engaged as there is no change to the contractor.

The purpose of the modification is to provide a 'bridging period' in order to conduct a comprehensive re-procurement exercise for the long-term successor to the Contract. The modification will therefore allow continuity of service and value for money for the Council while it conducts this exercise, the scope of which will include market testing, assessment of risks and uncertainty within the construction and housing repair sector, corresponding development and design of procurement strategy, managing the orderly wind-down and exit of the Contract with the existing supplier and mobilisation of the new contract.

• Osborne Property Services LimitedAwarded supplierGB-COH: 05756266 Fonteyn House, 47-49 London Road, Reigate, Surrey, South East, RH2 9PY

No document links were published on the notice.