Modification of a contract/concession during its term
Legal Basis:
Regulation (EU, Euratom) No 2018/1046
Section I: Contracting authority/entity
Section II: Object
II.1)Scope of the procurement
II.1.1)Title:
Provision of Temporary Agency Workers to Eurofound
Reference number: 171402/4887
II.1.2)Main CPV code79620000 Supply services of personnel including temporary staff
II.1.3)Type of contractServices
II.2)Description
II.2.2)Additional CPV code(s)79610000 Placement services of personnel
79621000 Supply services of office personnel
79612000 Placement services of office-support personnel
II.2.3)Place of performanceNUTS code: IE061 Dublin
Main site or place of performance:
II.2.4)Description of the procurement at the time of conclusion of the contract:
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.
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concessionStart: 30/04/2019
End: 29/04/2023
II.2.13)Information about European Union fundsThe 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 Section V: Award of contract/concession
Title:
Provision of Temporary Agency Workers to Eurofound
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:30/04/2019
V.2.2)Information about tendersThe contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaireThe contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)Total value of the procurement: 800 000.00 EUR
Section VI: Complementary information
VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review bodyOfficial name: General Court of the European Union
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
E-mail:
cfi.registry@curia.europa.euTelephone: +352 4303-1
Fax: +352 4303-2100
Internet address:
http://curia.europa.eu VI.4.3)Review procedurePrecise information on deadline(s) for review procedures:
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.
VI.5)Date of dispatch of this notice:16/05/2022
Section VII: Modifications to the contract/concession
VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code79620000 Supply services of personnel including temporary staff
VII.1.2)Additional CPV code(s)79610000 Placement services of personnel
79621000 Supply services of office personnel
79612000 Placement services of office-support personnel
VII.1.3)Place of performanceNUTS code: IE061 Dublin
Main site or place of performance:
VII.1.4)Description of the procurement:
Negotiated procedure without prior publication of a contract notice envisaged under Point 11(1)(e) of Annex 1 FR.
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concessionStart: 30/04/2019
End: 29/04/2023
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)Total value of the contract/lot/concession: 200 000.00 EUR
VII.1.7)Name and address of the contractor/concessionaireThe contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modificationsNature and extent of the modifications (with indication of possible earlier changes to the contract):
Eurofound exercised its right to increase the original budget ceiling of the framework contract (as envisaged in original procurement documents).
VII.2.2)Reasons for modificationNeed for additional works, services or supplies by the original contractor/concessionaire (Art. 43(1)(b) of Directive 2014/23/EU, Art. 72(1)(b) of Directive 2014/24/EU, Art. 89(1)(b) of Directive 2014/25/EU)
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
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.
VII.2.3)Increase in priceUpdated 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: 800 000.00 EUR
Total contract value after the modifications
Value excluding VAT: 1 000 000.00 EUR