Works - 258310-2020

03/06/2020    S106    Works - Voluntary ex ante transparency notice - Contract award without prior publication 

United Kingdom-Ballymena: Construction work for buildings relating to education and research

2020/S 106-258310

Voluntary ex ante transparency notice

Works

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Education Authority NI
Postal address: Ballee Road West
Town: Ballymena
NUTS code: UK UNITED KINGDOM
Postal code: BT42 2HS
Country: United Kingdom
E-mail: facilities.procure@eani.org.uk

Internet address(es):

Main address: https://etendersni.gov.uk/epps

Address of the buyer profile: https://etendersni.gov.uk/epps

I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
Education

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Provision of Planned and Responsive Electrical Maintenance and Minor Works

Reference number: Belfast Electrical Maintenance Lot 2
II.1.2)Main CPV code
45214000 Construction work for buildings relating to education and research
II.1.3)Type of contract
Works
II.1.4)Short description:

The award of a contract by Education Authority Northern Ireland (EANI) without prior publication of a call for competition in the Official Journal of the European Union, in respect of the continued provision of a term service contract for electrical maintenance and minor works (Belfast Region) lot 2 as further described in OJEU contract notice.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 3 000 000.00 GBP
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKN NORTHERN IRELAND
II.2.4)Description of the procurement:

Provision of planned and responsive electrical maintenance and minor works to be carried out in schools and associated facilities located in the Education Authority (Belfast Region) area lot 2.

II.2.5)Award criteria
II.2.11)Information about options
Options: yes
Description of options:

An extension to 31 December 2020, with the further option for EANI, in its absolute discretion, to extend for up to two further periods of 3 months until 30 June 2021 at the latest.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Total value of the procurement: GBP 3 000 000 (being GBP 2 500 000 until 31 December 2020; GBP 250 000 until 31 March 2021 and GBP 250 000 until 30 June 2021).

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

The Contract set out in the OJEU contract notice was entered into by EANI as per the contract award notice (Contract). The Contract was initially for 1 year with an option to extend up to a further 3 years, with the natural expiry of the Contract being 8 July 2020 (Expiry).

A procurement for a replacement contract was expected before the Expiry. However, this has not been possible. Namely, organisational restructuring and analysis of performance requirements resulted in delays. The procurement exercise has however commenced, with the new Contract commencement anticipated to be 1 January 2021. However, due to Covid-19, Contract commencement may be further delayed and so EANI requires an option to further extend, in its absolute discretion, for two further periods of 3 months up to 30 June 2021 to allow the procurement exercise to conclude.

The extension value is circa GBP 3 000 000. The value of the previous extension is not relevant.

Further additional services until the commencement of the new Contract, which were not included in the original procurement, have become necessary and are permitted by Regulation 72(1)(b) and/or 72(1)(c) of PCR2015. Namely: a change of contractor from 9 July 2020:

(i) cannot be made for economic and technical reasons such as requirements of interchangeability or interoperability of services procured under the original procurement given the need to ensure continued access to the EANI schools and associated facilities. Given the new Contract will commence on 1 January 2021 or as soon as possible thereafter as permitted by Covid-19, commencement of a new contractor twice in a short period of time, especially in the current climate, would create unnecessary risk to stability and integrity of services, be unsettling for users and a failure to have a contractor in place could result in partial or total closure of schools and associated facilities; and

(ii) would cause significant inconvenience and duplication of costs for EANI.Financially, any new contractor would have initiation/start-up costs in attempting to recreate the current service for a currently unknown period of time, in what is a volatile and uncertain economic and social climate, which would represent poor VFM, compared to extending the Contract.

The following conditions have also been fulfilled:

(iii) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen i.e. Covid-19. Covid-19 has delayed the new procurement exercise, with such circumstances, and the ensuing delay, entirely unforeseeable by EANI. It is also unknown and unforeseeable when the Covid-19 pandemic will conclude. Accordingly, an extension is required to complete the new procurement exercise and ensure continuity of service until new Contract commencement;

(iv) the modification does not alter the overall nature of the Contract. Only the term is being extended to allow the new procurement to be concluded; and

(v) any increase in price does not exceed 50 % of the value of the original Contract. The upper estimate of the original Contract lot 2 was GBP 20 000 000. As the extension is estimated to be up to a maximum of approximately GBP 3 000 000, it does not exceed 50 % of the value of the original Contract.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
29/05/2020
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Irwin ME Ltd
Town: Craigavon
NUTS code: UKN NORTHERN IRELAND
Country: United Kingdom
The contractor/concessionaire will be an SME: yes
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 3 000 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: The UK does not currently have any such bodies with responsibilities for appeal/mediation procedures
Town: Ballymena
Country: United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
29/05/2020