Probation services

Tender description

Following publication of Contract Notice ref 2013/S 183-315991, successful bidders acquired the Community Rehabilitation Companies (CRCs) and contracts were awarded on 5.12.14 for the delivery of probation services, with contracts entered into on 18.12.14. The contracts were for a 7-year initial term with an option to extend for a further 3 years. The contracts are due to expire on 4.12.20, following service of termination notices in December 2018. The GBP (£) figures quoted within the original contract award notice were the maximum anticipated, total, real value of the contracts if the contracts had been extended to the fullest amount allowed under the contract and payment by results had been paid at the maximum level in all periods, including all extensions. Lot 21 (KSS CRC) was awarded to Seetec Business Technology Centre Ltd. Lot 11 (Wales CRC), Lot 13 (BGSW CRC) Lot 14 (DDC CRC) were awarded to Working Links (Employment) Ltd (“Working Links”) (together “Working Links CRCs”). This notice relates to modifications to the Lot 21/Kent Surrey and Sussex CRC (KSS) contract (the Contract). The Authority considers the modifications of the Contract without prior publication of a contract notice is permitted by the Public Contracts Regulations 2015 (PCR) and Directive 2014/24/EU. The Contract was modified in accordance with regulation 72(1)(b)/article 72(1)(b) and regulation 72(1)(c)/article 72(1)(c) on 15.2.19 and accordingly does not in the Authority's view amount to the award of a new contract and/or an unlawful substantial change. The need for modification has been brought about by external circumstances which a diligent contracting authority could not have foreseen, namely the Working Links and its CRCs going into administration on 14.2.19 resulting in the need to place the services with a different contractor(s) for a period which is: (a) too long to permit the use of the contingency mechanism in clause 6 of the original contracts but (b) too short to make it economically or technically feasible to re-let the remaining term of the Working Links CRCs' contracts to an economic operator other than an existing CRC(s). The modification does not alter the overall nature of the Contract, and the increase in price does not exceed 50 % of the value of the original Contract, namely 372 000 000 GBP as stated in the Contract Award Notice ref: 2015/S 027-045770. Further, it is necessary for the additional services to be taken on by KSS because a change of contractor to an economic operator who is not an existing CRC cannot be made for economic and technical reasons and would cause significant inconvenience and substantial duplication of costs for the contracting authority, by reason of the very high level of human, operational and technical infrastructure required to operate a CRC in combination with the relative shortness of the required duration of the additional services. The increase in price will not exceed 50 % of the value of the original Contract, namely 372 000 000 GBP as stated in the Contract Award Notice ref: 2015/S 027-045770. A Modification Notice has been published simultaneously on OJEU.