St Bernard's Hospital, Gibraltar. Collection, Recycling and Disposal of Waste

Description

Justification for Direct Award: 
The GHA is responsible for ensuring the safe and compliant disposal of hospital waste, including general waste, in accordance with statutory and environmental regulations
The service is critical to maintaining public health, infection control, and regulatory compliance. 

At the time of initiating procurement arrangements, it was determined that a formal competitive tender process was not undertaken due to the following considerations: 

1.	Continuation of Essential Public Health Services 

•	The service provider, WasteWise Ltd, has been delivering waste collection and disposal services to the GHA for over three years. The decision to engage in a "mini-competition" was driven by the need to regularize an existing arrangement while ensuring service continuity and compliance with environmental regulations. 
•	Disruption to this service could pose significant health and safety risks to patients, staff, and the wider community. 

2.	Market Engagement and Competitive Process 

•	A selective market engagement was undertaken, whereby six locally based service providers were invited to submit proposals, ensuring competition and value for money. This approach sought to identify the most economically advantageous offer without causing service disruption. 
•	The most competitive bid was identified through this process, ensuring that the selected contractor provided the required service at the lowest cost while meeting operational requirements. 

3.	Urgency and Timing Constraints 

•	Given the necessity to maintain continuity in waste disposal services, the GHA proceeded with the selection of a provider to prevent lapses in service delivery. The evolving nature of healthcare waste management and regulatory compliance meant that immediate action was required to ensure uninterrupted operations. 

4.	Regulatory Compliance and Risk Mitigation 

•	Upon further internal review, it has been determined that the value of the contract over its full term exceeds the threshold set by the Procurement (Public Sector Contracts) Regulations 2016 (PPSCR16). As such, a VEAT Notice is being published to ensure transparency, compliance, and to allow for any potential market challenge before finalising the award. 
•	This approach mitigates the risk of legal challenges and ensures that all procedural requirements are met before formalising the contract. 

Conclusion: 
The GHA recognises the importance of adhering to public procurement regulations and has taken this step to ensure full compliance. While a competitive process was undertaken, a VEAT Notice is now being published to provide transparency and de-risk any potential procurement challenges. The contracting authority is committed to fair and open procurement processes and welcomes any feedback within the prescribed notice period.

Additional information: Gibraltar does not participate in the Agreement on Government Procurement (GPA) under the World Trade Organization (WTO). HM Government of Gibraltar therefore reserves the right to consider only those bids from eligible tenderers in Gibraltar, the UK, or a country or territory covered by a trade agreement extending to Gibraltar that contains relevant procurement provisions.