VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education Other (Please specify): landlord of wholesale market site

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

Provision of Security Services.

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

Provision of manpower for an effective manned guarding provision 24 hours a day, 365 days on New Covent Garden Market site.

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

VI.3.3)

Service from which information about the lodging of appeals may be obtained

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):

The redevelopment of the New Covent Garden Market Site is due to commence in 2013 with the appointment of a Private Development Partner in 2012 and will continue for a period of 5-6 years. The site must remain operational requiring the PDP to construct the new market around the existing market. This will be achieved through a phased construction approach to be refined during the second quarter of 2012 and will be a core deliverable through this period requiring detailed understanding of the existing services. The security service will need to work with the PDP's own construction site security team to maintain a safe and secure environment EN Standard form 15 — Voluntary ex ante transparency notice 15 / 17 24 hours a day, 7 days a week. The phasing of the redevelopment will necessitate changes to the Market boundaries and thus security requirements throughout the construction period. The current security knowledge held by the security service for not only the site but the surrounding environment will be vital in understanding the impact of the PDP's phased proposals upon the security service at programme stage. This will enable the most cost effective proposition to be adopted which maintains the required level of security to the ever changing environment of the trading market. The retention of current knowledge within the existing security provider's team will be imperative through the refinement and finalisation of the phasing strategy and programme through construction. The security team also manage all traffic around the site. With over 4 000 vehicle moves daily (increasing through redevelopment period due to construction traffic) it is imperative that the team guide deliveries and customers to the correct areas quickly and succinctly, especially as many deliveries are from foreign countries which can lead to language difficulties. The risk to health and safety associated with such a number of vehicles on site daily is considerable. This risk is only going to increase through redevelopment of the site as Traders will move temporarily, site internal road layouts are unfamiliar and confusing and hence there will be a considerable increase in way-finding requirements to enable the safe passage of vehicles around an unfamiliar and space constricted site. The security service will be critical in delivering this successfully, their familiarisation of the Traders' locations on site (currently and in the future) will be of paramount importance in managing out this considerable risk. The detailed requirements of the phasing of the redevelopment and the detailed design of the build are not known. Therefore it is technically impractical to adequately scope the contract service requirements for a procurement process, whilst also delivering agreed quality and cost certainty from both a tender and operational perspective. Accordingly, the present circumstances fall within Article 31 of Directive 2004/18/EC of the European Parliament and of the Council, in that for technical reasons the contract may be awarded only to a particular economic operator, namely the present contractors, OCS Group UK Ltd.