Provision of Facilities Management Services for Stoke Mandeville Hospital

Tender description

The Project Agreement was entered into on 21 May 2004 for the development and operation of new facilities at and the provision of associated and other service to the site of the Stoke Mandeville Hospital. Lot 1: Buckinghamshire Healthcare NHS Trust (formerly Buckinghamshire Hospitals National Health Service Trust) and Enterprise Healthcare Limited ("Enterprise") entered the Project Agreement dated 21 May 2004 under the Government's Private Finance Initiative for, inter alia, the development of the site of the Stoke Mandeville Hospital and the provision of certain services, including facilities management services, further detailed therein.<br/>Schedule 17 (Benchmarking and Market Testing Procedures) of the Project Agreement provides the terms and conditions upon which the Market Tested Services are to be Benchmarked and Market Tested. <br/>By a contract also dated 21 May 2004, Enterprise engaged Sodexo Healthcare Services Limited (Company Number SC087304) (the "Original Service Provider") to carry out the Services (the "Original Service Contract"). The Original Service Provider has novated to Sodexo Limited (Company Number 0842846) (the “Service Provider”) its rights and obligations under the Original Service Contract (the "Service Contract"). The Service Contract similarly makes provision for Benchmarking and Market Testing of the Market Tested Services. (The Project Agreement and the Service Contract together are the "Project Documents".)<br/>On or from [12 February 2024], the parties propose entering into deeds of variation in respect of the Project Documents to (amongst other changes) disapply the Market Testing provisions in the Project Documents for the remainder of the Project Term.<br/>The deeds of variation: <br/>1. Remove the market testing obligations from the Project Documents in respect of the Market Tested Services;<br/>2. Provide for creation by the Service Provider of a committed fund for use by the Trust; and <br/>3. Effects other variations provided for in the documents. <br/>The variations are permitted pursuant to Regulation 72(1)(e)/72(8) because:<br/>- the modifications do not render the Project Documents materially different in character from the one originally concluded and do not extend the scope considerably. The nature of the tasks that may be performed by supplier remain the same as those set out in the original procurement i.e. FM Services<br/>- the modifications do not change the economic balance of the Project Documents in favour of a supplier in a way not originally provided for. There is no increase in the unitary charge to be paid by the Trust.<br/>- no new contractor replaces the original supplier.<br/>- the modification does not introduce conditions which, had they been part of the initial procurement procedure would have allowed for the admission of other candidates; allowed for the acceptance of other tenders; or attracted other participants.<br/>For the avoidance of doubt, the Trust considers it is not bound to publish this notice but does so in the interests of transparency.