Supply of Soft Facilities Management Services Management Services at Kingston Hospital

CPV: Facilities management 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

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

26 Aug 2023, 14:41 BST

Last source update

26 Aug 2023, 14:41 BST

Authority reference

KHT-4-2324-8-NT0221-K

FTS notice number

2023/S 000-025209

Classification (CPV)

Facilities management services

Delivery area

London (UKI63)

Official registry OCID

ocds-h6vhtk-03f754 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

The contract has been awarded without prior publication pursuant to Regulation 32(2)c) of the PCR2015, on the basis that an event unforeseeable by Kingston Hospital NHS Foundation Trust (KHT)), has occurred and made direct award necessary because the time limits for the open and restricted procedures cannot be complied with, in the time required to award a contract.<br/>In 2004 KHT entered into a contract (the PFI contract(PFIC)) with Prime Care Solutions (Kingston) Ltd (PCS) for the period 23.11.04 to 22.11.34. The PFIC was for the development of the Kingston Surgical Centre (KSC) building on the KHT site, the provision of hard FM services to KSC only and the provision of Soft FM Services (SFS) (Helpdesk Services, Catering Services, Portering, Cleaning, Post Room Services, Reception Services, Security Services and Waste Management Services) to the entire KHT site.<br/>Under the PFIC, the SFS were provided by ISS Mediclean Ltd, a subcontractor to PCS.<br/>On 22.5.23, the Trust received a letter from PCS confirming that the directors of PCS had decided to obtain insolvency protection and were to commence a formal insolvency process.<br/>On 24.5.23, the Trust received a copy of a sealed Winding-Up Petition filed by PCS at the High Court (court refCR-2023-002730). In terms of that petition, it was confirmed that PCS was unable to pay its debts and could not continue to trade and therefore PCS had resolved to be wound up by the court. On 25.5.23, PCS ceased to carry on business. PCS ceasing to carry on business is a PCS Event of Default pursuant to Clause 44.1(a)(iii) of the Project Agreement (PA).<br/>Subsequently PCS entered into provisional liquidation on 19.6.23 and a winding up order was made in respect of PCS on 5.7.23. The Official Receiver was appointed liquidator of PCS pursuant to the winding up order. PCS has not resumed carrying on its business. <br/>The Trust was obliged to allow the Project’s funders an opportunity to decide whether to step in to the Project before the Trust could terminate the PA. That period for the funders to make such a decision expired on 21.8.23. As a result of the funders deciding not to step in and the continuance of the event of default, the Trust became entitled to terminate the PA from 22.8.23. <br/>As a result of the early termination of the PFIC, the Trust is left without any contract for SFS. KHT would be unable to function without SFS for a single day. For example:<br/>

• Wards would not be cleaned<br/>
• Meals would not be provided to inpatients<br/>
• Patients would not be portered from one part of the hospital to another<br/>
• There would be no security staff on the site<br/>It was, therefore, necessary for the Trust to award a contract for the SFS on the same day that the PFIC was terminated (being the date of dispatch of this notice). Since no other contractor would be able to commence the required services immediately, the Trust had no choice but to award a contract to ISS Mediclean Ltd to commence the provision of the SFS on the date of the termination of the PFI contract.<br/>The Trust intends to re-procure the SFS using a competitive tendering process(CTP). Undertaking a CTP for a SFS contract of this scale is a long process including market engagement, a substantial amount of time optimising the specification, the tendering process and, after supplier selection, an implementation period which includes staff transfer under TUPE regulations. Given the high value and critical nature of the services, selecting a supplier for such services is imperative for KHT and its patients and it is vital that adequate time is allowed to run the procurement process. CONTINUES ...<br/><br/>THIS BOX GIVES INSUFFICIENT SPACE FOR THE JUSTIFICATION. PLEASE SEE the II.2.4.1 DESCRIPTION OF PROCUREMENT FIELD ABOVE FOR AN UN-TRUNCATED VERSION OF THIS JUSTIFICATION TEXT.

• ISS Mediclean LimitedAwarded supplier01659837 Velocity 1 Brooklands Drive Weybridge Surrey, Weybridge, London, KT13 0SLContact phoneShow contact details

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