Variations 1

• A Procuring Entity (PE) awarded a contract for the provision of security services to Company X at one of its Kingston locations. The period of the contract was for one year (July 1, 2021-June 30, 2022) – contract value $8,642,250.00. 
• Further to the temporary return of the space to Lessor for the same property leased at the Kingston location, the PE made a request for three (3) additional guards for approximately five (5) months, July 1 – November 13, 2021. Approval was granted for variation of contract in the sum of $4,117,726.80 (47.6% variation). 
• Further requests were made for approval of variation for the periods November 15, 2021 to November 30, 2021 in the sum of $480,902.40 (5.6% variation) and December 1, 2021 to March 31, 2022 in the sum of $3,757,050.00 (43.5% variation). This was to facilitate completion of works being carried out by the Lessor and to ensure the safeguarding of the PE’s assets housed at the same Kingston location. 

Based on these facts the PE sought guidance whether: 

• it can utilise the Sole-source procurement method to engage same Company X to secure the desired security services in another contractual arrangement under these circumstances for the same location/space, in the event that the Head of Entity denies the request for variation approval listed in #3 above. 
• other alternatives exist under which Company X can be engaged for the services mentioned above. Further, can Direct Contracting be used to engage the same Company X?