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United Kingdom-Belfast: Building construction work
Modification of a contract/concession during its term
Section I: Contracting authority/entity
Section II: Object
Provision of Planned and Responsive Maintenance and Minor Works - Omagh Building Lot 2
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.
Section V: Award of contract/concession
Section VI: Complementary information
Previous VEAT notice: 2022/S 077-210784
The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions.
Section VII: Modifications to the contract/concession
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.
Nature and extent of the modifications (with indication of possible earlier changes to the
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.
As per section VII.2.1) Description of the modifications above