NICTS Office Cleaning Services

CPV: Cleaning services · Office cleaning 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

21 Sept 2021, 15:22 BST

Last source update

21 Sept 2021, 15:22 BST

Authority reference

CFT835036

FTS notice number

2021/S 000-023478

Classification (CPV)

Cleaning servicesOffice cleaning services

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-02e329 Find a Tender

Why no open competition

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive

Published justification

This existing contract is being modified to enhance the provision of cleaning across all NICTS sites to support Covid Cleaning requirements and also to support the newly introduced cleaning requirement with the reopening of Banbridge Courthouse.

The majority of variations are due to the current Covid 19 pandemic to ensure that the NICTS provides a Covid secure environment for all court users via an enhanced daily sanitisation programme.

The Public Contracts Regulations 2015 permit the modification of a contract where the changes proposed meet one or more of the prescribed tests as set out in Regulation 72. There are convincing reasons to modify this contract in accordance with Regulation 72(1)(a).

This is where the change is provided for in the initial procurement documents in a clear, precise and unequivocal review or option clause, which specifies the conditions of use and the scope and nature of the change; and ensures that the overall nature of the contract/framework is not altered. The contract specification includes under section 1.1.3 "that the Contractor must be flexible in delivery of the services during the contract period. This will include allowing the Client to make adjustments to services or the number of buildings as operational requirements change. The Client is entitled to add or delete Services or buildings from the contract, as operational requirements change. As such, the Client offers no guarantee that the value of the contract will remain unchanged throughout the contract period. Any additions or reductions will be in line with the Contractor's commercial offer within the tender for each individual premise. For the avoidance of doubt all costs for removing services/buildings will be in line with the Contractor's commercial offering provided at tender and for additional requirements/buildings costs must be agreed between the Contractor and NICTS."

Regulation 72(1)(c) would also apply in that the need for the change could not have been foreseen by a "diligent" Department provided the changes do not affect the overall nature of the contract or exceed 50% of the value of the original contract value.

The pandemic and its impact were entirely unforeseen when the contract was competitively tendered and awarded.

Publisher note: This VEAT is for a modification of an existing contract, not for a new requirement. Please note that information relating to contractors engaged by the Northern Ireland Department of Justice,and associated bodies, is not published in any publicly accessible forum or publication. This is to protect such contractors, whose security and safety could be threatened by dissident terrorist organisations still active in Northern Ireland if their details became known. This is consistent with Regulation 50(6)(a). The estimated contract value is a broad estimate only and includes additional quantum for unforeseen demand and to future proof. There is no guarantee of any level of business under this contract. The estimate is not deemed to be a condition of contract nor a guarantee of minimum demand or uptake. No compensation will be payable to a contractor should the actual demand be less than that stated. The successful contractor's performance on this contract will be managed as per specification and regularly monitored (see Procurement Guidance Note 01/12 Contract. Management: https://www.finance-ni.Gov.uk/sites/default/files/publications/dfp/PGN-01012-Contract-Management-Principles-Procedures-25-Sept2017.PDF). Contractors not delivering on contract requirements is a serious matter. It means the public Purse is not getting what it is paying for. If a contractor fails to reach satisfactory levels of contract performance they will be given a specified time to improve. If, after the specified time, they still fail to reach satisfactory levels of contract performance, the matter will be escalated to senior management in Construction and Procurement Delivery for further action. If this occurs and their performance still does not improve to satisfactory levels within the specified period, it may be regarded as an act of grave professional misconduct and they may. be issued with a notice of written warning and notice of unsatisfactory performance and this contract may be terminated.The issue of a notice of written warning and notice of unsatisfactory performance will result in the Contractor being excluded from all procurement competitions being undertaken by Centres of Procurement Expertise on behalf of bodies covered by the Northern Ireland Procurement Policy for a period of up to 3 years from the date of issue of the notice.

• Information withheld for security reasonsAwarded supplier Information withheld for security reasons, UK

No document links were published on the notice.