Prison Retail Service · UK public procurement notice

Contracts

• Contract 001789-2021-0710/47/6-1 · Ministry of Justice

  Signed

  1 Apr 2009

  Value

  £564,290,000

  Period

  … – 31 Jul 2022

  Status

  active

  • Change This notice relates to a modification to the end date of the existing contract by way of an extension of a period of twelve (12) months such that the end date has been amended to 31July 2022. The successful go live of the next generation contract by 31st July 2021 is no longer achievable due to the negative impacts of the Covid-19 pandemic. There have been both direct and indirect impact on resources to both the core project team and key stakeholders and the market for the provision of food and personal items, which is under huge operational pressure responding to the impacts of the pandemic and would be likely to struggle to bid for the contract at this time. Any new supplier would potentially also struggle to guarantee continuation of service. With the ability to deliver the project to the timescales required now impossible the primary object becomes to ensure a continuity of service, thereby safeguarding the stability of our prisons and safety of prisoners and prison staff. Procurement process are underway for the retender of this service. The Authority considers the modification(s) of the contract without prior publication of a contract notice is permitted by the Public Contracts Regulations 2015 and Directive 2014/24/EU. The contract has been modified in accordance with Regulations 72(1)(c) and/or (e)/Articles 72(1)(c) and/or (e) and accordingly does not, in the Authority’s view, amount to the award of a new contract and/or an unlawful substantial change. This is on the basis of the following: - The modification has been brought about by the circumstances of the Covid-19 pandemic which a diligent contracting authority could not have foreseen. As has been recognised by the European Commission (2020/C 108 I/01 refers), the Covid-19 crisis is an event which could not have been foreseen nor planned for in advance by the Authority. - the modification does not alter the overall nature of the contract and only extends the term of the contract. - The increase in price as a result of the modification, [£64,290,000], does not exceed 50% of the value of the original Contract [£500,000,000]. - The modification is also considered by the Authority not to be substantial within the meaning of Regulation 72(8). The contract was previously modified in 2019 where the contract end date was extended by a period of twenty-eight (28) months under Regulation 72(1)(e) on the grounds that the modification was considered by the Authority not to be substantial within the meaning of Regulation 72(8)., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: This notice relates to modifications brought about by circumstances which a diligent contracting authority could not foresee (Article 72(1)(c)/Regulation 72(1)(c)) relating to the Covid-19 pandemic.