Competing Delivery of Services Estate Contracts - Package Order E

https://www.contractsfinder.service.gov.uk/notice/2f2a0ff1-6dc5-4a77-b3ba-f81382341009?origin=SearchResults&p=2

The MoJ is currently considering the delivery model options for the future provision of facilities management services for its estate (known as the "Property Transformation Programme", or "PTP"), including those services currently being provided under this contract and a PIN is due to be issued shortly regarding future procurement of these services. Given its scale and complexity, it is anticipated that PTP will not be mobilised until 2025. The MoJ has therefore opted to extend the existing contract to March 2026 to allow time for full consideration of its FM procurement strategy and conduct of any procurement process (including any delays to the implementation of the PTP beyond the currently anticipated timetable). Some further amendments have been made in order to implement this extension.

The MoJ has implemented the above modifications to the existing contract under Regulation 72(9) PCR, using a negotiated procedure without prior publication in accordance with Reg. 32(2)(b)(ii) PCR, on the basis that the services to be supplied can only be supplied by Amey because competition is absent for technical reasons. The FM services to be supplied are particularly complex because all the sites are secure (over 95% of the portfolio being 61 operational prisons), require a vetted workforce and supply chain, an understanding of prison operations and an ability to respond to urgent and unforeseen matters. The estate includes a variety of different buildings from house blocks to industrial units that have been constructed over the past 150 years and sites vary in size from capacity levels from 100 up to 2,000. Maintaining service continuity and especially prison capacity is a critical element of the service, which takes expertise and time to understand. It is also essential that the supplier can work with and alongside prisoner to offer rehabilitative opportunities whilst abiding by strict working practices, especially relating to tools and keys. Specialist knowledge of the services in question is therefore critical in order to maintain the functioning of essential public services. Although alternative suppliers exist for FM services in general, it would not be feasible for MoJ to competitively procure and successfully mobilise a new contract with an alternative supplier to Amey in advance of the anticipated transition to PTP, particularly given the likely complexities associated with mobilisation and the risk of disruption to critical public services should MoJ be unable to successfully transition to a new supplier prior to expiry of the existing Amey contract. Our PTP competition will provide the market an opportunity and sufficient time to understand these challenges so as to be able to complete in the PTP competition on a fair and equal basis.