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003485-2021 - Contract modification

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Summary

2021-OJS2-3485-en
I.1.
Name and addresses
Official name: Department for Education
Postal address: Sanctuary Buildings, 20, Great Smith Street
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
Internet address(es):
II.1.1.
Title
Restructuring Services for the Department of Education
II.1.2.
Main CPV code
79200000 Accounting, auditing and fiscal services
II.1.3.
Type of contract
Services
II.2.1.
Title
Restructuring Services for the Department of Education
II.2.2.
Additional CPV code(s)
79210000 Accounting and auditing services, 79212000 Auditing services, 79212100 Financial auditing services, 79212300 Statutory audit services, 79212500 Accounting review services
II.2.3.
Place of performance
NUTS code: UK United Kingdom
II.2.7.
Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 24
IV.2.1.
Contract award notice concerning this contract
Notice number in the OJ S: 2020/S 253-639120
Contract No: ESFA30461
Title:
Restructuring Services for the Department of Education
VII.1.1.
Main CPV code
79200000 Accounting, auditing and fiscal services
VII.1.3.
Place of performance
NUTS code: UK United Kingdom
VII.1.4.
Description of the procurement
Due to the change in legislation and the implementation of the new insolvency regime the DfE are adopting a standard practice of commissioning an Independent Business Review (IBR) of FE colleges when necessary. The IBR would look at the financial, educational and estates position of the college and would set this in the context of local and/or regional market and economic conditions (e.g. Combined authority, local authority, the local enterprise partnership (LEP) and other stakeholders) to consider cost-effective restructuring solutions.
The driver for delivering a DfE specific IP contract was to meet the need for insolvency advice required as a result of the insolvency regime. However, there is overlap in the IP skills needed across the department and the opportunity is taken to open the contract to other areas of the DfE to secure IP skills and advice. Academy trusts may require access to insolvency advice.
In order to support department interventions and to implement the insolvency regime as intended it is necessary to put in place the infrastructure required to allow financially distressed education providers to be assessed and, if necessary, managed through insolvency.
Therefore, we procured the following services:
— services of restructuring professionals to conduct Independent Business Review (IBRs)
— services of licenced Insolvency Practitioners (IP) to provide supplementary activity if the outcome of an IBR recommends that the education provider should enter an insolvency process, we may also require;
— services of licenced Insolvency Practitioners who can be appointed as education administrators.
All suppliers must be able to offer all of the above services and it is a mandatory requirement that all suppliers can provide the services of Insolvency Practitioners. In order to fulfil the above business needs, we will undertake a procurement exercise to establish a panel agreement for Insolvency Practitioners.
VII.1.5.
Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 24
VII.1.6.
Information on value of the contract/lot/concession
Total value of the contract/lot/concession: 9 000 000,00 GBP
VII.1.7.
Name and address of the contractor/concessionaire
Official name: RSM Restructuring Advisory LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Pricewaterhoousecoopers LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Mazars LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Ernst and Young LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Deloitte LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: BDO LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Baldwins Holdings Ltd Trading/as
Town: Walsall
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: FRP Advisory Trading Ltd
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.2.2.
Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The expansion of the services into the higher education sector has been brought about by the unforeseen effects of Covid-19.
VII.2.3.
Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 9 000 000,00 GBP
Total contract value after the modifications
Value excluding VAT: 9 000 000,00 GBP

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Notice

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2021-OJS2-3485-en
3485-2021 - Contract modificationUnited Kingdom-London: Accounting, auditing and fiscal services
OJ S 2/2021 05/01/2021
Modification notice
Services
Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1.
Name and addresses
Official name: Department for Education
Postal address: Sanctuary Buildings, 20, Great Smith Street
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
Internet address(es):

Section II: Object

II.1.
Scope of the procurement
II.1.1.
Title
Restructuring Services for the Department of Education
II.1.2.
Main CPV code
79200000 Accounting, auditing and fiscal services
II.1.3.
Type of contract
Services
II.2.
Description
II.2.1.
Title
Restructuring Services for the Department of Education
II.2.2.
Additional CPV code(s)
79210000 Accounting and auditing services, 79212000 Auditing services, 79212100 Financial auditing services, 79212300 Statutory audit services, 79212500 Accounting review services
II.2.3.
Place of performance
NUTS code: UK United Kingdom
II.2.4.
Description of the procurement at the time of conclusion of the contract
Provision of restructuring services for the Department of Education: the Government implemented a new insolvency regime for further education and sixth form colleges (‘FE Colleges’) in England and Wales, introduced by the Technical and Further Education Act 2017
(the 2017 Act), which received Royal Assent on 27 April 2017. The regime applies aspects of normal corporate insolvency law to the current colleges that are statutory corporations.
II.2.7.
Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 24
II.2.13.
Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2.
Administrative information
IV.2.1.
Contract award notice concerning this contract
Notice number in the OJ S: 2020/S 253-639120

Section V: Award of contract/concession

Contract No: ESFA30461
Title:
Restructuring Services for the Department of Education
V.2.
Award of contract/concession
V.2.1.
Date of conclusion of the contract/concession award decision
16/04/2019
V.2.2.
Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3.
Name and address of the contractor/concessionaire
Official name: RSM Restructuring Advisory
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: Pricewaterhoousecoopers LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: Mazars LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: Ernst and Young LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: Deloitte LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: BDO LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: Baldwins Holdings Ltd Trading/as
Town: Walsall
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3.
Name and address of the contractor/concessionaire
Official name: FRP Advisory Trading
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.4.
Information on value of the contract/lot/concession
Total value of the procurement: 9 000 000,00 GBP

Section VI: Complementary information

VI.3.
Additional information
VI.4.
Procedures for review
VI.4.1.
Review body
Official name: Department for Education
Town: London
Country: United Kingdom
VI.5.
Date of dispatch of this notice
31/12/2020

Section VII: Modifications to the contract/concession

VII.1.
Description of the procurement after the modifications
VII.1.1.
Main CPV code
79200000 Accounting, auditing and fiscal services
VII.1.2.
Additional CPV code(s)
79210000 Accounting and auditing services, 79212000 Auditing services, 79212100 Financial auditing services, 79212300 Statutory audit services, 79212500 Accounting review services
VII.1.3.
Place of performance
NUTS code: UK United Kingdom
VII.1.4.
Description of the procurement
Due to the change in legislation and the implementation of the new insolvency regime the DfE are adopting a standard practice of commissioning an Independent Business Review (IBR) of FE colleges when necessary. The IBR would look at the financial, educational and estates position of the college and would set this in the context of local and/or regional market and economic conditions (e.g. Combined authority, local authority, the local enterprise partnership (LEP) and other stakeholders) to consider cost-effective restructuring solutions.
The driver for delivering a DfE specific IP contract was to meet the need for insolvency advice required as a result of the insolvency regime. However, there is overlap in the IP skills needed across the department and the opportunity is taken to open the contract to other areas of the DfE to secure IP skills and advice. Academy trusts may require access to insolvency advice.
In order to support department interventions and to implement the insolvency regime as intended it is necessary to put in place the infrastructure required to allow financially distressed education providers to be assessed and, if necessary, managed through insolvency.
Therefore, we procured the following services:
— services of restructuring professionals to conduct Independent Business Review (IBRs)
— services of licenced Insolvency Practitioners (IP) to provide supplementary activity if the outcome of an IBR recommends that the education provider should enter an insolvency process, we may also require;
— services of licenced Insolvency Practitioners who can be appointed as education administrators.
All suppliers must be able to offer all of the above services and it is a mandatory requirement that all suppliers can provide the services of Insolvency Practitioners. In order to fulfil the above business needs, we will undertake a procurement exercise to establish a panel agreement for Insolvency Practitioners.
VII.1.5.
Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 24
VII.1.6.
Information on value of the contract/lot/concession
Total value of the contract/lot/concession: 9 000 000,00 GBP
VII.1.7.
Name and address of the contractor/concessionaire
Official name: RSM Restructuring Advisory LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Pricewaterhoousecoopers LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Mazars LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Ernst and Young LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Deloitte LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: BDO LLP
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: Baldwins Holdings Ltd Trading/as
Town: Walsall
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7.
Name and address of the contractor/concessionaire
Official name: FRP Advisory Trading Ltd
Town: London
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.2.
Information about modifications
VII.2.1.
Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
The scope of the services have been increased to include education providers to the higher education sector including IBR's and Insolvency services.
VII.2.2.
Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The expansion of the services into the higher education sector has been brought about by the unforeseen effects of Covid-19.
VII.2.3.
Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 9 000 000,00 GBP
Total contract value after the modifications
Value excluding VAT: 9 000 000,00 GBP