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Works - 111696-2018

13/03/2018    S50    - - Works - Voluntary ex ante transparency notice - Contract award without prior publication 

United Kingdom-Belfast: Building construction work

2018/S 050-111696

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Northern Ireland Housing Executive
Corporate Procurement Unit, 6th Floor, The Housing Centre, 2 Adelaide Street
Contact point(s): Ronan Matthews
For the attention of: As above
BT2 8PB Belfast
United Kingdom
Telephone: +44 2895982665
E-mail: ronan.matthews@nihe.gov.uk

Internet address(es):

General address of the contracting authority/entity: http://www.nihe.gov.uk

I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
Housing and community amenities
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no

Section II: Object of the contract

II.1.1)Title attributed to the contract
Intention to novate contracts following an insolvency event (specific contract details listed at II 1.4)
II.1.2)Type of contract and location of works, place of delivery or of performance


II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
The purpose of this notice is to advise of the intention to novate contracts from Carillion Energy Services Limited and Carillion AMBS currently held by NIHE to Engie Regeneration Limited following an insolvency event. Contracts are due to novate no sooner than 10 days after the publication of this notice. There are 8 contracts effected by the novation process. The contracts were subject to OJEU competition in the past and awarded to Carillion Energy Services and Carillion AMBS. Following Carillion PLC entering insolvency on 15.1.2018, NIHE has been liaising with PwC and special managers regarding the continuation of services.
Heating Contract 2012 Belfast.
Heating Contract 2012 South East.
Maintenance and Improvement Lot 2 Belfast Region 2.
Maintenance and Improvement Lot 5 North Region 1.
Heating Services 2017 Lot 2 Belfast Region 2.
Heating Services 2017 Lot 5 North Region 1.
Mechanical and Electrical Services — Lot 2 Belfast Region.
Legionella Inspection Services.
NIHE considers that it is entitled to award the above listed contracts to ENGIE Regeneration Limited in accordance with Regulation 72 (1) (d) of the Public Contracts Regulations 2015 which specifically provides for a safe harbour allowing Contracting Authorities to modify existing contracts without a new procurement procedure.
II.1.5)Common procurement vocabulary (CPV)

45210000, 50700000, 71314310

II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 204 500 000,00 GBP
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
No tenders or no suitable tenders in response to: open procedure
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
Contracts currently in place with Carillion PLC subsidiaries were effected by the insolvency event on 15.1.2018. PwC were appointed as special managers and have been conducting business since that date. PwC are working with all parties to finalise an acquisition of the contracts held by Carillion for the provision of services to NIHE. The intention is to novate all contracts to Engie Regeneration Ltd at a time after the 10-day expiry of this notice following publication. In considering the novation, Public Contracts Regulations 2015, Reg 72 1 (d) is applied to enable the proposed novation of contracts. All terms and conditions will remain unchanged. The scope or value of contracts will not be effected.
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of
1. The criteria published in the original tender documentation (OJEU ref XXXX). Weighting 100
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
IV.3.2)Previous publication(s) concerning the same contract

Contract notice

Notice number in the OJEU: 2016/S 017-025995 of 26.1.2016

Section V: Award of contract

V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Engie Regeneration Limited
Q3 Office Quorum Business Park Benton Lane Newcastle Upon Tyne NE12 8EX
Newcastle upon Tyne
United Kingdom

V.4)Information on value of contract
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice: