Voluntary ex ante transparency notice - National Army Museum Manned Security Contract

The National Army Museum (NAM) requires security presence 24/7 at its sites in Chelsea and Stevenage. The security contractor is required to provide an effective and efficient, overt uniformed manned security service.

Type of procedure:

Negotiated without a prior call for competition

Extreme urgency brought about by events unforeseeable for the contracting authority

Explanation:

This is a voluntary ex ante transparency notice pursuant to regulation 99(2) of the Public Contracts Regulations (PCRs). A contract for the provision of manned security was entered into on 01 December 2021 (Contract). NAM considered it objectively necessary to terminate this contract. This was due to a level of performance which NAM regarded as unacceptable as well as a failure to adhere to stated requirements of the contract.

NAM feels compelled to take these steps in order to protect the health and safety of its visitors and staff and to secure its National Collections of valuable historic exhibits telling the story of Our Army and British history. Many of these items have been donated by members of the armed forces or their family members and placed in the care of the Museum. All donors have a legitimate expectation that exhibits entrusted to the Museum will be kept in a secure environment.

The appointment advertised in this notice is of a "stop-gap" nature to ensure continuity and to allow the Museum to remain open while a competitive procurement for a more permanent supplier is concluded. It is therefore the intention of NAM in the coming months to launch a competitive procurement process for the permanent appointment of a supplier of manned security services for the Museum under a contract with a duration likely to be in the region of 3-5 years. The contract opportunity will be advertised in the Find a Tender service in accordance with the Public Contracts Regulations 2015.

NAM considers that there is a legal basis to make a direct procurement under regulation 32(2)(c) of the PCRs as:

• (i)NAM is required to act with regard to the security of its sites, its collection and the wellbeing of visitors and staff;

• (ii)there is a genuine urgency to ensure security services at the Museum are restored to acceptable levels while avoiding disruption to security coverage;

• (iii)after due consideration, NAM has concluded the degree of urgency and the need to ensure continuity of security coverage preclude an appointment under an accelerated procurement procedure or a mini-tender appointment under a framework agreement,

• (iv)NAM could not have foreseen that it would ultimately be necessary to replace a supplier chosen through a stringent competitive tender process so soon after the contract being awarded, and

• (v)the factors resulting in the termination are not attributable to NAM, which despite its efforts was unable to resolve its concerns through amicable dialogue with the supplier.

https://www.find-tender.service.gov.uk/Notice/021477-2022