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:
Support Services for the GSA — Exploitation Engineering and Project Control Support (Inter-institutional)
Reference number: GSA/OP/32/15/LOT1
II.1.2)Main CPV code73000000 Research and development services and related consultancy services
II.1.3)Type of contractServices
II.2)Description
II.2.1)Title:
Exploitation engineering and project control support (inter-institutional).
Lot No: 1
II.2.3)Place of performanceNUTS code: CZ01 Praha
NUTS code: BE10 Région de Bruxelles-Capitale / Brussels Hoofdstedelijk Gewest
NUTS code: FR FRANCE
II.2.4)Description of the procurement at the time of conclusion of the contract:
Technical activities supporting exploitation engineering and project control tasks related to the EU GNSS programmes, EGNOS and Galileo (may also cover other EU space programmes). Please refer to the procedural documents, available on the GSA procurement website: http://www.gsa.europa.eu/gsa/procurement for further details.
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concessionDuration in months: 48
II.2.13)Information about European Union fundsThe procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:
EU GNSS programmes (Galileo, EGNOS), other EU programmes.
Section IV: Procedure
IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract Section V: Award of contract/concession
Contract No: GSA/OP/32/15
Title:
Exploitation Engineering and Project Control Support (Inter-institutional)
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:22/11/2016
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/concessionaireOfficial name: RHEA Systems SA
Town: Wavre
NUTS code: BE BELGIQUE-BELGIË
Country: Belgium
The 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: 35 000 000.00 EUR
Section VI: Complementary information
VI.3)Additional information:
VI.4)Procedures for review
VI.4.2)Body responsible for mediation procedures VI.4.4)Service from which information about the review procedure may be obtainedOfficial name: European GNSS Agency (GSA)
Postal address: Janovskeho 438/2
Town: Prague
Postal code: 17000
Country: Czechia
Internet address:
http://www.gsa.europa.eu VI.5)Date of dispatch of this notice:03/07/2020
Section VII: Modifications to the contract/concession
VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code73000000 Research and development services and related consultancy services
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performanceNUTS code: CZ01 Praha
NUTS code: FR10 Ile-de-France
NUTS code: BE BELGIQUE-BELGIË
VII.1.4)Description of the procurement:
Technical activities supporting exploitation engineering and project control tasks related to the EU GNSS programmes, EGNOS and Galileo (may also cover other EU space programmes).Please refer to the procedural documents, available on the GSA procurement website: http://www.gsa.europa.eu/gsa/procurement for further details.
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concessionDuration in months: 48
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)Total value of the contract/lot/concession: 52 500 000.00 EUR
VII.1.7)Name and address of the contractor/concessionaireOfficial name: RHEA Systems SA
Town: Wavre
NUTS code: BE BELGIQUE-BELGIË
Country: Belgium
The 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):
Increase of FWC ceiling in accordance with Article 11.1(e) and 11.4 of Annex 1 of the Financial Regulation, which allows the use of a negotiated procedure without prior publication of a contract notice for new services. The reference number of such negotiated procedure is GSA/NP/33/19. The new services consist in the repetition of similar services entrusted to the economic operator awarded with the initial contract by the same contracting authority. Such possibility was explicitly foreseen in section 2.4.7 of tender specifications.
VII.2.2)Reasons for modificationNeed for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The reasons for depletion of the budget before the normal expiry of the contract (22 November 2020) consist primarily in the underestimation of effort required. At the time of signature of the contract, it was difficult to envisage all the possible uses of the contract and time effort for performance of the required tasks as the implementation of the contract has shown. Modification was necessary to ensure service continuity.
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: 35 000 000.00 EUR
Total contract value after the modifications
Value excluding VAT: 52 500 000.00 EUR
