Works - 360119-2022

04/07/2022    S126

United Kingdom-Belfast: Building construction work

2022/S 126-360119

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Education Authority NI
Postal address: 40 Academy Street
Town: Belfast
NUTS code: UKN Northern Ireland
Postal code: BT1 2NQ
Country: United Kingdom
E-mail: facilities.procure@eani.org.uk
Internet address(es):
Main address: https://etendersni.gov.uk/epps

Section II: Object

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

Provision of Planned and Responsive Maintenance and Minor Works - Omagh Building Lot 2

Reference number: Omagh Building Lot 2
II.1.2)Main CPV code
45210000 Building construction work
II.1.3)Type of contract
Works
II.2)Description
II.2.3)Place of performance
NUTS code: UKN Northern Ireland
II.2.4)Description of the procurement at the time of conclusion of the contract:

Provision of Planned Maintenance Works for EANI across its property portfolio in the old

Western Education and Library Board area, Contract Lot 4 which includes but is not limited

to controlled and uncontrolled schools.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 01/06/2022
End: 30/09/2023
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section V: Award of contract/concession

Contract No: Omagh Building Lot 2
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
12/04/2022
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Woodvale Construction Company Ltd
Town: Omagh
NUTS code: UKN Northern Ireland
Country: United Kingdom
E-mail: info@woodvaleconstruction.co.uk
Internet address: https://woodvaleconstruction.co.uk/
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: 4 000 000.00 GBP

Section VI: Complementary information

VI.3)Additional information:

Previous VEAT notice: 2022/S 077-210784

VI.4)Procedures for review
VI.4.1)Review body
Official name: The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions.
Town: Belfast
Country: United Kingdom
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions.

VI.5)Date of dispatch of this notice:
29/06/2022

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
45210000 Building construction work
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performance
NUTS code: UKN Northern Ireland
VII.1.4)Description of the procurement:

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 Building Maintenance and Minor Works in the old Western Education and Library Board area (Area 2), Contract Lot 4 as further described in OJEU Contract Notice 2013-085318 and as outlined in the previous VEAT issued on 15 April 2022.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 01/06/2022
End: 30/09/2023
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 4 000 000.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: Woodvale Construction Company Ltd
Town: Omagh
NUTS code: UKN Northern Ireland
Country: United Kingdom
E-mail: info@woodvaleconstruction.co.uk
Internet address: https://woodvaleconstruction.co.uk/
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

Nature and extent of the modifications (with indication of possible earlier changes to the

contract):

An extension to 31 May 2023 with the further option for EANI, in its absolute discretion, to

extend for four months to 30 September 2023.

The total value of the extension is £4,000,000 GBP.

Regulation 72(1)(c) permits this extension due to unforeseen circumstances which a diligent

contracting authority could not have foreseen, the overall nature of the contract is not

altered and Modification value is GBP 4 000 000 which does not exceed 50 % of the original

contract value. This contingency includes sums to permit work in other Lots (as per the

contract and Regulation 72 (1) (a)). To secure continuity, Task Orders issued on/after 1 July

2021 as per VEAT (2021/S 105-278056) are adjusted for inflation, calculated with the BCIS

Measured Term Contract Updating Percentages. Inflation from mid-point of original contract

to 31 March 2021 is: PSA SOR BCE09 16.5 pct applies to Sections 1, 2, 4, 5 and 6 of Price

List; PSA SOR DEC08 16.8 pct applies to Section 7 Item OT070. Inflation after 1 April 2021

are changed in BCIS MTC Updating Percentages from 31 March 2021 indices, based on TO

issue date/latest published index. For travel expenses for Response Task Orders issued

outside of the Lot received on or after 1 June 2022, an additional amount for travel has been

included. It is the EA’s intention, upon receipt of the compelling evidence, to consider the

review of certain prices in the price lists for specific elements of which the impact of inflation

is higher than what could have reasonably and diligently anticipated. This includes:

Aluminium window systems and associated items comprising glazing, flashings and insulated

panels, Aluminium curtain walling and associated items comprising glazing, flashings and

insulated panels, Aluminium doors and associated items comprising sidelights and fanlights,

Coated macadam roads and pavings and associated items comprising regulating courses,

Asphalt roads and pavings and associated items comprising chippings, Proprietary coloured

safety sports surfacings (wet-pour) and associated items comprising logos, patterns,

graphics. Metal fencing comprising chain link, anti-intruder chain link, steel palisade

security, roll-top, rigid mesh panel, steel ball-stop and rotating barrier, and associated items

comprising straining posts and single and double gates (excluding work to old fencing)

copper cabling comprising HV/LV cables, standard power cables 600/1000V, armoured and

armoured: fire resistant, sizes exceeding 500mm² one core, 185mm² two core, 120mm²

three core and 95mm² four core (Rate A only) Copper cabling comprising HV/LV cables:

standard power cables 1900/3300V, armoured, sizes exceeding 150mm² one core and

120mm² two core (Rate A only).

Regulation 72(1)(b) further permits this extension as a change of provider:

(i) cannot be made for economic and technical reasons as requirements of interchangeability

or interoperability of services procured under the original procurement and given the need to

ensure continued access to EANI schools and facilities and could result in partial/total

closure of schools; and

(ii) will cause significant inconvenience and duplication of costs.

EANI envisages new contract award by 30/09/23.

VII.2.2)Reasons for modification
Need 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:

As per section VII.2.1) Description of the modifications above

VII.2.3)Increase in price
Updated 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: 16 800 000.00 GBP
Total contract value after the modifications
Value excluding VAT: 20 800 000.00 GBP