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Varer - 560532-2020

20/11/2020    S227

United Kingdom-Newcastle upon Tyne: Milk

2020/S 227-560532

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: Association of North East Councils Limited trading as NEPO (Central Purchasing Body)
Postal address: Guildhall, Quayside
Town: Newcastle upon Tyne
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: NE1 3AF
Country: United Kingdom
Contact person: Claire Harrison
E-mail: claire.harrison@nepo.org
Telephone: +44 1916380040
Internet address(es):
Main address: www.nepo.org
Address of the buyer profile: www.nepo.org

Section II: Object

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

NEPO416 Framework for the Provision of Milk and Dairy Products

II.1.2)Main CPV code
15511000 Milk
II.1.3)Type of contract
Supplies
II.2)Description
II.2.3)Place of performance
NUTS code: UKC NORTH EAST (ENGLAND)
II.2.4)Description of the procurement at the time of conclusion of the contract:

NEPO invited tenders for the framework for the provision and distribution of milk and dairy product and this notice reflects the outcome of this process. The tender was conducted via an open process to determine the most economically advantageous bid.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 48
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 IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2017/S 129-263403

Section V: Award of contract/concession

Contract No: NEPO416
Title:

NEPO416 Framework for the Provision of Milk and Dairy Products

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
22/06/2017
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Embleton Hall Dairies
Postal address: Murton Hall Farm, Co. Durham
Town: Wingate
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: TS28 5NU
Country: United Kingdom
Internet address: www.embletonhalldairies.co.uk
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: FP Processing Ltd
Postal address: Springfield Mills, Spa Street, Ossett
Town: Wakefield
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: WF5 OHW
Country: United Kingdom
Internet address: www.freshpastures.co.uk
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Greencroft Milk Supplies Ltd
Postal address: Telford Road
Town: Middlesbrough
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: TS3 8BL
Country: United Kingdom
Internet address: www.greencroftmilksuppliesltd.co.uk
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Acorn Dairy Ltd
Postal address: Archdeacon Newton
Town: Darlington
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: DL2 2YB
Country: United Kingdom
Internet address: www.acorndairy.co.uk
The contractor/concessionaire is an SME: yes
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: 8 000 000.00 GBP

Section VI: Complementary information

VI.3)Additional information:

NEPO is a Central Purchasing Body as defined in the Public Contract Regulations 2015 (PCR15). This means that NEPO may provide central purchasing activity on behalf of contracting authorities. The agreement will be available for use by all NEPO members within the North East region. A list of member organisations is available in the About section of the NEPO website at: www.nepo.org

This agreement will also be made available to all current and future NEPO Associate Members throughout the North East region. Current associate members are listed in the associate member section of the NEPO website at: www.nepo.org/associate-membership/list

Organisations wishing to access the NEPO agreement will be required to register as a NEPO associate member in the first instance. Full details can be found in contract notice 2017/S 029-051553.

VI.4)Procedures for review
VI.4.1)Review body
Official name: NEPO
Postal address: Guildhall, Quayside
Town: Newcastle upon Tyne
Postal code: NE1 3AF
Country: United Kingdom
E-mail: claire.harrison@nepo.org
Telephone: +44 7585986231
Internet address: www.nepo.org
VI.4.2)Body responsible for mediation procedures
Official name: NEPO
Postal address: Guildhall, Quayside
Town: Newcastle upon Tyne
Postal code: NE1 3AF
Country: United Kingdom
E-mail: claire.harrison@nepo.org
Telephone: +44 7585986231
Internet address: www.nepo.org
VI.4.4)Service from which information about the review procedure may be obtained
Official name: NEPO
Postal address: Guildhall, Quayside
Town: Newcastle upon Tyne
Postal code: NE1 3AF
Country: United Kingdom
E-mail: claire.harrison@nepo.org
Telephone: +44 7585986231
Internet address: www.nepo.org
VI.5)Date of dispatch of this notice:
17/11/2020

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
15511000 Milk
VII.1.2)Additional CPV code(s)
15511300 Skimmed milk
15511400 Semi-skimmed milk
15511500 Full-cream milk
VII.1.3)Place of performance
NUTS code: UKC NORTH EAST (ENGLAND)
VII.1.4)Description of the procurement:

NEPO invited tenders for the provision and distribution of milk and dairy products and this notice reflects the outcome of this process. The tender was conducted via an open process to determine the most economically advantageous bid.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 74
In the case of framework agreements, provide justification for any duration exceeding 4 years:

In line with Regulation 72(1)(c) PCR's2015 NEPO have taken the decision to extend the existing framework agreement for a period of twenty six (26) months. This is to enable the market to recover from the impact of the Covid-19 pandemic prior to tendering for a new framework. It also allows NEPO to align the framework with the current NEPO407 — Food Solution which provides the distribution element.

VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 11 000 000.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: Embleton Hall Dairies
Postal address: Murton Hall Farm, Co Durham
Town: Wingate
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: TS28 5NU
Country: United Kingdom
Internet address: www.embletonhalldairies.co.uk
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: FP Processing Ltd
Postal address: Springfield Mills, Spa Street, Ossett
Town: Wakefield
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: WF5 OHW
Country: United Kingdom
Internet address: www.freshpastures.co.uk
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Greencroft Milk Supplies Ltd
Postal address: Telford Road
Town: Middlesbrough
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: TS3 8BL
Country: United Kingdom
Internet address: www.greencroftmilksuppliesltd.co.uk
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Acorn Dairy Ltd
Postal address: Archdeacon Newton
Town: Darlington
NUTS code: UKC NORTH EAST (ENGLAND)
Postal code: DL2 2YB
Country: United Kingdom
Internet address: www.acorndairy.co.uk
The contractor/concessionaire is an SME: yes
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):

NEPO believes that Regulation 72(1) (c) Public Contracts Regulations 2015 has been fulfilled in respect of the framework agreement. NEPO have taken the decision to extend the existing framework agreement for a period of twenty six (26) months. This is to enable the market to recover from the impact of the Covid-19 pandemic prior to tendering for the replacement framework. It also allows NEPO to align the framework with the current NEPO407 — Food solution which provides the distribution element, thus increasing efficiency, reducing food miles and reducing the associated carbon footprint.

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:

NEPO believes that Regulation 72(1) (c) Public Contracts Regulations 2015 has been fulfilled in respect of the framework agreement. NEPO have taken the decision to extend the existing framework agreement for a period of twenty six (26) months. This is to enable the market to recover from the impact of the Covid-19 pandemic prior to tendering for the replacement framework. It also allows NEPO to align the framework with the current NEPO407 — Food solution which provides the distribution element, thus increasing efficiency, reducing food miles and reducing the associated carbon footprint.

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: 8 000 000.00 GBP
Total contract value after the modifications
Value excluding VAT: 11 000 000.00 GBP