Waste Management Services · UK public procurement notice

CPV: Clinical-waste collection services

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

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Framework agreement

Who may use this agreement

Not stated in the notice; call-off rights may be limited to the establishing authority

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

11 Aug 2023, 16:02 BST

Last source update

11 Aug 2023, 16:02 BST

FTS notice number

2023/S 000-023620

Classification (CPV)

Clinical-waste collection services

Delivery area

South East (UKJ2)

Official registry OCID

ocds-h6vhtk-03ef39 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Trust considers that it is permissible to extend the Contract on the basis that (a) the proposed modification will not breach the requirement in regulation 33(6) of the Public Contracts Regulations 2015 (as amended) (“PCR”) (call off contracts must not entail substantial modifications to the terms laid down in the framework agreement); and (b) the proposed modification is not “substantial” within the meaning of Regulation 72(1)(e) and 72(8) of the PCR. <br/>The existing Contract commenced on 1st October 2018 and expires on 1st September 2023. The Trust intends to extend the Contract by 6 months to allow the Trust time to run a re-procurement exercise for the appointment of a long-term successor to the Contract. The total value of the original Contract was £1,079,054 (inclusive of VAT) and the cost of the proposed 6-month extension is £115,934 (inclusive of VAT).<br/>The Trust’s position is that the proposed extension is a permitted modification under Regulation 72(1)(e) of the (“PCR”) (non-substantial modifications) and that none of the conditions set out in Regulation 72(8) are met. <br/><br/><br/>With reference to Regulation 72(8)(a), the proposed modification will not render the Contract materially different in character to the one initially concluded as there will be no change to the services (either in terms of the nature of the services or the quantity). The modification is an extension of term only. <br/><br/>With reference to Regulation 72(8)(b), the Trust 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 Trust does not consider that there would have been any change to the outcome of the original procurement. <br/>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.<br/>The Trust 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. No change is proposed to the nature or quantity of the services and no new services will be included in the scope. <br/>Regulation 72(8)(e) of the PCR is not engaged as there is no change to the contractor. <br/>The purpose of the modification is to provide a ‘bridging period’ in order to conduct a 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 Trust while it conducts this exercise, the scope of which will include managing the orderly wind-down and exit of the Contract with the existing supplier and mobilisation of the new Contract.

1 suppliers are admitted to this framework without individual award values or dates, see the supplier list below.

• Grundon Waste Management LimitedFramework contractor04245965 Star Works, Star Lane, Knowl Hill, Berkshire, South East, RG10 9XY

No document links were published on the notice.