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Ireland-Dublin: Provision of Temporary Agency Workers to Eurofound
Modification of a contract/concession during its term
Section I: Contracting authority/entity
Section II: Object
Provision of Temporary Agency Workers to Eurofound
The general objective of the contract is to ensure provision of temporary agency workers of different profiles to Eurofound and thus contributing to effective implementation of its work programme.
The specific objective is the on-going provision of the service in timely and efficient manner. The above service might be requested for a number of reasons including the following:
— to replace staff due to maternity leave, parental leave, long-term sickness or other reasons;
— to cope with peak periods, where additional workforce is needed for a fixed period of time;
— to carry out, on temporary basis, tasks that require specific competences which are not available within Eurofound.
Section IV: Procedure
Section V: Award of contract/concession
Section VI: Complementary information
Within two months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment. Any request tenderers may make and any reply from Eurofound, or any complaint for maladministration, will have neither the purpose nor the effect of suspending the time-limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under Heading VI.4.1) of the contract notice.
Section VII: Modifications to the contract/concession
Negotiated procedure without prior publication of a contract notice envisaged under Point 11(1)(e) of Annex 1 FR.
Eurofound exercised its right to increase the original budget ceiling of the framework contract (as envisaged in original procurement documents).
The contract for the provision of temporary agency workers to Eurofound was concluded for a four-year period. However, its budget consumption exceeded Eurofound's original estimates. Therefore, it was decided to increase the contract's original ceiling in order to ensure continuity of the service provision until its expiry in the end of April 2023. The pricing of the deliverables provided under the contract was not changed. Conducting another procurement procedure to replace the existing contract (and potentially the contractor) faster than originally envisaged would create a serious inconvenience to smooth operation of the canteen and would harm a legitimate right of the current contractor to expect the contract to be run until its natural expiry.