The Royal Borough of Kensington and Chelsea

Kensington Town Hall, Hornton Street

London

W8 7NX

UK

Contact person: Louella Harteam

E-mail: Louella.harteam@rbkc.gov.uk

NUTS: UKI11

Internet address(es)

Main address: https://www.rbkc.gov.uk

II.1.1) Title

Reference number: prj_RBKC_7147

II.1.2) Main CPV code

85311300

II.1.3) Type of contract

Services

II.1.4) Short description

The service manages the provision of early years childcare across four sites within the Royal Borough of Kensington and Chelsea, with capacity for 187 places for children up to the age of 5 years, or the term when they start formal education. The Early Years Childcare service will contribute to the Royal Borough's strategic objectives of (1) fulfilling the Authority's statutory duty to provide sufficient affordable, flexible and high-quality childcare places within the Royal Borough; (2) provision of places targeted at 2-year olds; and (3) universal 3- and 4-year olds funded places. The service also supports the wider aims and objectives of the Early Help model to ensure the best outcomes for local children and families, which include (1) reducing inequalities in child development and school readiness; (2) improving parenting aspirations, parenting skills and self esteem; and (3) child and family health and life outcomes.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 2 700 000.00  GBP

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

No tenders or no suitable tenders/requests to participate in response to open procedure

Explanation

On 22.8.2016, the Royal Borough of Kensington and Chelsea (RBKC) invited Action for Children to submit a Tender for the Provision of Service for Early Years Childcare, conducted as a single tender action in accordance with the requirements set out in the Negotiated Procedure without Prior Publication (Regulation 32, PCR 2015).

The Council had a statutory duty to provide sufficient affordable, flexible and high-quality childcare places for residents in RBKC. The commissioned service would also have met the strategic objectives to provide places targeted at 2-year olds, and developed universal funded places for 3- and 4-year olds. The service was first put out to tender in July 2015 in an Open Procedure but did not attract any bid. It was re-tendered in January 2016 when only one bid was realised. The reprocurement was also conducted as an Open Procedure on that occasion. Following the evaluation, the contract was duly awarded in May 2016 to 4 Children [OJEU Contract Award Notice ref 2016/S 116-207140] and could have been mobilised in time for the start of the new school year in September.

In August, 4 Children notified the Council that it was going into administration and transferring its interests to Action for Children, a national charity. In reaching its conclusion that RBKC was justified in conducting a single tender action, the Council took into account that, despite significant market engagement, ‘... no suitable tenders ... have been submitted in response to an open procedure’ (Reg 32 (2) (a)) and that such bid as was received turned out to have been ‘... manifestly incapable ... of meeting the contracting authority's needs and requirements’ (Reg 32 (3) (a)). Whilst Extreme Urgency is not a mitigating factor, the Council is nevertheless constrained by the knowledge that the start of the new school year was a little over a week away, with a statutory service yet to be put in place.

The Tender returned by Action for Children was rigorously evaluated against previously published qualification, technical and commercial criteria to ensure that any awarded contract could deliver to RBKC's requirements and that the procurement process complied with the European Union's treaty principles of transparency and fairness. The Contract was provisionally awarded to Action for Children on 20.9.2016. A voluntary ten-day standstill period was observed following which the Contract was concluded on 31.10.2016.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

Action for Children Services Limited

02332388

3 The Boulevard, Ascot Road, Herts

Watford

WD18 8AG

UK

Telephone: +44 1923361500

E-mail: steve.wilkinson@actionforchildren.org.uk

NUTS: UKH23

Internet address(es)

URL: https://www.actionforchildren.org.uk

The contractor is an SME: Yes

VI.4.1) Review body