Works - 312040-2020

03/07/2020    S127

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

2020/S 127-312040

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 Maintenance and Minor Works

Reference number: Dundonald Building Lot 1
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 contract Lot 3: Term service contracts for building maintenance and minor works in the old South Eastern Education and Library Board area, contract lot 1 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 maintenance works for EANI across its property portfolio in the old South Eastern Education and Library Board area, contract lot 1 which includes but is not limited to controlled and uncontrolled schools.

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 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 OJEU contract notice was entered into by EANI’s predecessor but was novated to EANI under the Education Act (Northern Ireland) 2014. The contract was initially for 1 year with an option to extend up to a further 3 years.

A procurement for a replacement contract was expected before the natural expiry of the contract but was not possible due to organisational restructuring and analysis of performance requirements which caused delays. The contract was therefore extended by a VEAT until 31 March 2020, with only around 50-55 % of the anticipated VEAT value spent. Although a new procurement was commenced, it was further delayed by Covid-19 and another VEAT was published extending the contract until 31 August 2020. The total anticipated value of the second VEAT has also not been spent. In accordance with Regulation 72(2), these successive modifications were not aimed at circumventing part 2 of PCR2015.

Covid-19 remains ongoing, with new contract commencement anticipated to be 1 January 2021. EANI therefore requires another extension until 31 December 2020, with an option to extend beyond 1 January 2021, 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 additional services, not included in the initial procurement, have become necessary and are permitted by Regulation 72(1)(b) and/or 72(1)(c) of PCR2015 as a change of contractor from 31 August 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 EANI schools and facilities. Given new contract commencement will be 1 January 2021 or asap thereafter as permitted by Covid-19, commencement of a new contractor twice in a short time period, especially in the current climate, would create risk to stability and integrity of services, be unsettling for users and could result in partial/total closure of schools and associated facilities.

And

(ii) Would cause significant inconvenience and duplication of costs for EANI. Any new contractor would have start-up costs in recreating the current service for an unknown time period, 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. Covid-19 has delayed the new procurement, with such circumstances and delay, entirely unforeseeable by EANI. It is also unknown and unforeseeable when the Covid-19 outbreak will conclude. Accordingly, an extension is required to complete the new procurement 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 conclude

And

(v) Any increase in price does not exceed 50 % of the value of the original contract. The upper estimate of the original contract was GBP 12 000 000. As the maximum extension value is estimated to be 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:
30/06/2020
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: D Martin Building
Town: Moneyreagh
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: Belfast
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:
30/06/2020