DAC 145/20 - Portal Industrial Staff - Seal Checks

Concepts

• belfast
• security services
• sanitary and phytosanitary
• seal checks
• portal industrial staff
• sps checks
• port seal checks
• legislative basis
• official controls regulation
• operational delivery programme

Location

Belfast

Description

Port Seal Checks

Total Quantity or Scope

The legislative basis for the Sanitary and Phytosanitary (SPS) Operational Delivery Programme is in the Official Controls Regulation (OCR) (2017/625). The requirements as set out in the OCR are part of domestic law as a result of Article 5(4) of the NI Protocol and Section 7A of the European Union (Withdrawal) Act 2018. Under the OCR, DAERA is responsible for SPS checks on certain goods coming into Northern Ireland. The service is for seal checks at the Port.

Award Detail

Renewal Options

The contract will commence on the 2nd January 2021. The initial period is for 12 months, with an option to extend for a further 12 months if required.

Award Criteria

CPV Codes

• 79710000 - Security services

Indicators

• Options are available.
• Award on basis of price.

Legal Justification

Under Regulation 32(c) these services are required for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, and the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with. This is as a result of the UK exit and conditions imposed on NI. The legislative basis for the Sanitary and Phytosanitary (SPS) Operational Delivery Programme is in the Official ControlsRegulation (OCR) (2017/625). The requirements as set out in the OCR are part of domestic law as a result of Article 5(4) of the NI Protocol and Section 7A of the European Union (Withdrawal) Act 2018. Under the OCR, DAERA is responsible for SPS checks on certain goods coming into Northern Ireland. Further it is in the public interest and for public safety that this requirement must be met. This is further in line with a derogation under the EU DIRECTIVE 2014/24 whereby it is explicit under Provision 41 that : Nothing in this Directive should prevent the imposition or enforcement of measures necessary to protect public policy, public morality, public security, health, human and animal life, the preservation of plant life or other environmental measures, in particular with a view to sustainable development, provided that those measures are in conformity with the TFEU.For these checks to take place at GB Ports prior to goods moving to NI to ensure the free flow of freight traffic and avoid congestion. Staff need to be in place by mid-December and given these extremely tight timescales DAERA cannot now facilitate competitive procurement procedures and it is in the public interest that staff are urgently put in place to conduct these checks as they are critical to ensure uninterrupted supply of food and goods to NI post EU Exit on 1 January 2021. These are Schedule 3 Services and below the 'light touch regime threshold.

Other Information

Under Regulation 32(c) these services are required for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, and the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with. This is as a result of the UK exit and conditions imposed on NI. The legislative basis for the Sanitary and Phytosanitary (SPS) Operational Delivery Programme is in the Official ControlsRegulation (OCR) (2017/625). The requirements as set out in the OCR are part of domestic law as a result of Article 5(4) of the NI Protocol and Section 7A of the European Union (Withdrawal) Act 2018. Under the OCR, DAERA is responsible for SPS checks on certain goods coming into Northern Ireland. Further it is in the public interest and for public safety that this requirement must be met. This is further in line with a derogation under the EU DIRECTIVE 2014/24 whereby it is explicit under Provision 41 that : Nothing in this Directive should prevent the imposition or enforcement of measures necessary to protect public policy, public morality, public security, health, human and animal life, the preservation of plant life or other environmental measures, in particular with a view to sustainable development, provided that those measures are in conformity with the TFEU.For these checks to take place at GB Ports prior to goods moving to NI to ensure the free flow of freight traffic and avoid congestion. Staff need to be in place by mid-December and given these extremely tight timescales DAERA cannot now facilitate competitive procurement procedures and it is in the public interest that staff are urgently put in place to conduct these checks as they are critical to ensure uninterrupted supply of food and goods to NI post EU Exit on 1 January 2021. These are Schedule 3 Services and below the 'light touch regime threshold.