Holiday Activity & Food (HAF) Programme 2021 - contract variation for programme management enabling partner

CPV: Health services

Procedure method

Negotiated without publication of a contract notice

Legal basis

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

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

25 Jun 2021, 13:52 BST

Last source update

25 Jun 2021, 13:52 BST

FTS notice number

2021/S 000-014528

Classification (CPV)

Health services

Delivery area

West Midlands (UKG)

Official registry OCID

ocds-h6vhtk-02c033 Find a Tender

Why no open competition

Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive

Published justification

Regulation 72 of the Public Contract Regulations allows variations to contracts providing certain criteria are met. In this instance Regulation 72.1 (c) applies as follows:

where all of the following conditions are fulfilled:-

(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;

(ii) the modification does not alter the overall nature of the contract;

(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.

The unforeseen nature of these circumstances is set out as follows:

• The Council is not part of the DfE's national evaluation programme and therefore will need to embed its own monitoring and evaluation into the programme. During/after process. The DfE's announcement came too late in the procurement process (contract award stage) to allow the Council to scope the new requirements and include it as part of the procurement. This was not foreseen at the tender stage.
• Since the launch of the Community Grants Programme on 17 May 2021, it has become apparent that a significant number of the small grassroots organisations will need additional training and support to delivery safe and high-quality activities and food during the school holidays. An initial training needs analysis has identified the need for training in safeguarding and food safety. This was not foreseen at the tender stage.
• Initial market engagement with food providers on the (YPO) framework, completed at the end of May, highlighted a number of risks in relation to the coordination of food/meal provision across the city to children and young people participating in the HAF programme, on free school meals. The management of these risks will require additional management oversight and coordination. This was not foreseen at the tender stage.

For Regulation72.1(c) to be met the variation must not exceed 50% of the original contract value. In this instance the variation does exceed 50% and therefore the Council needs to take a view on the risk of challenge from the market as compared with the risk of not having the Holiday Activities.

• StreetGames UK LtdAwarded supplier 61 Mosley Street, 4th Floor Woolwich House, Manchester, UK, M2 3HZ

No document links were published on the notice.