Provision of Planned and Responsive Maintenance and Minor Works -- Omagh M&E Lot 1

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-02dbe4-2021-09-01T14:45:03+01:00",
    "date": "2021-09-01T14:45:03+01:00",
    "ocid": "ocds-h6vhtk-02dbe4",
    "initiationType": "tender",
    "tender": {
        "id": "Omagh M&E Lot 1",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "Provision of Planned and Responsive Maintenance and Minor Works -- Omagh M&E Lot 1",
        "classification": {
            "scheme": "CPV",
            "id": "45210000",
            "description": "Building construction work"
        },
        "mainProcurementCategory": "works",
        "lots": [
            {
                "id": "1",
                "description": "Provision of Planned Maintenance and Response Works for EANI across its property portfolio in the old Western Education and Library Board area, Contract Lot 3 which includes but is not limited to controlled and uncontrolled schools.",
                "contractPeriod": {
                    "startDate": "2021-09-02T00:00:00+01:00",
                    "endDate": "2022-05-31T23:59:59+01:00"
                }
            }
        ],
        "items": [
            {
                "id": "1",
                "deliveryAddresses": [
                    {
                        "region": "UK"
                    }
                ],
                "relatedLot": "1"
            }
        ]
    },
    "awards": [
        {
            "id": "021621-2021-Omagh M&E Lot 1-1",
            "relatedLots": [
                "1"
            ],
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-27081",
                    "name": "Irwin ME Limited"
                }
            ]
        }
    ],
    "parties": [
        {
            "id": "GB-FTS-17936",
            "name": "Education Authority NI",
            "identifier": {
                "legalName": "Education Authority NI"
            },
            "address": {
                "streetAddress": "Ballee Road West",
                "locality": "BALLYMENA",
                "region": "UK",
                "postalCode": "BT42 2HS",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "facilities.procure@eani.org.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "https://etendersni.gov.uk/epps",
                "buyerProfile": "https://etendersni.gov.uk/epps"
            }
        },
        {
            "id": "GB-FTS-27081",
            "name": "Irwin ME Limited",
            "identifier": {
                "legalName": "Irwin ME Limited"
            },
            "address": {
                "locality": "PORTADOWN",
                "region": "UK",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "info@irwinm-e.com"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "url": "https://irwinm-e.com/",
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-17938",
            "name": "The UK does not currently have any such bodies with responsibilities for appeal/mediation procedures",
            "identifier": {
                "legalName": "The UK does not currently have any such bodies with responsibilities for appeal/mediation procedures"
            },
            "address": {
                "locality": "BALLYMENA",
                "countryName": "United Kingdom"
            },
            "roles": [
                "reviewBody"
            ]
        }
    ],
    "buyer": {
        "id": "GB-FTS-17936",
        "name": "Education Authority NI"
    },
    "contracts": [
        {
            "id": "021621-2021-Omagh M&E Lot 1-1",
            "awardID": "021621-2021-Omagh M&E Lot 1-1",
            "status": "active",
            "value": {
                "amount": 4000000,
                "currency": "GBP"
            },
            "dateSigned": "2021-05-28T00:00:00+01:00",
            "period": {
                "startDate": "2021-09-01T00:00:00+01:00",
                "endDate": "2022-05-31T23:59:59+01:00"
            },
            "items": [
                {
                    "id": "1",
                    "classification": {
                        "scheme": "CPV",
                        "id": "45210000",
                        "description": "Building construction work"
                    },
                    "deliveryAddresses": [
                        {
                            "region": "UK"
                        }
                    ],
                    "relatedLot": "1"
                }
            ],
            "amendments": [
                {
                    "id": "1",
                    "description": "An extension to 30 November 2021, with the further option for EANI, in its absolute discretion, to extend for up to two further periods of 4 months until 31 March 2022 and 2 months until 31 May 2022 at the latest. Total value of the extension is 4,000,000 GBP (being 1,800,000 GBP until 30-11-2021; 1,485,000 GBP until 31-03-2022; and 715,000 GBP until 31-05-2022). Further information in section VII.2.2 below.",
                    "rationale": "Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: The Contract was for 1year with an option to extend up to a further 3years.Due to delays in re-procuring,Covid-19 and litigation,the Contract was extended on a number of occasions culminating in VEAT(2020/S 127-312045)until 30-06-2021.EANI have underspent under each VEAT. Due to being unable to resolve the 9sets of proceedings relating to the re-procurement,it has become necessary to seek a further unavoidable extension.EANI anticipates awarding the new Contract by30-11-2021.Optional extensions are to allow for unforeseen circumstances.Successive modifications were not to circumvent Part2of PCR2015,rather they have become necessary due to the relevant circumstances. The 11month modification value is circa PS4,000,000,which does not exceed 50% of the upper range of the original contract value.50% of the value accounts for contingency due to the unknown volume of emergency work that may be required.Such contingency also includes sums to permit work in other Lots as required.To secure continuity of service,as the contractor can no longer hold its price due to Covid-19 and/or Brexit,Task Orders issued on/after 01-07-2021 will be adjusted for inflation, calculated with the BCIS Measured Term Contract Updating Percentages.Inflation from mid-point of original contract to 31-03-2021is: PSA SOR ELEC11 Rate A, Rate B/D/E, Rate C 12.6pct, 14.1pct and 13.9pct respectively, applies to Sections 1, 2, 3 and 4 of Price List; Rate B/D/E applies to Section 3; PSA SOR MECH11 Rate A, Rate B/D/E, Rate C 20.7pct, 12.2pct and 13.9pct respectively, applies to Sections 1, 2 and 3; Rate B/D/E applies to Section 3; PSA SOR BCE09 14.3pct applies to Section 4 Item OT010.370 to 460.Inflation after 01.04.21 will be change in BCIS MTC Updating Percentages from 31.03.21 indices,based on TO issue date/latest published index. The proposed extended term and inflationary price uplift are permitted by Regulation72(1)(c) as the need for additional services from the original contractor is due to the ongoing litigation which could not have been foreseen and/or avoided by a diligent contracting authority and the modification does not alter the overall nature of the contract.In the alternative,they are permitted by Regulation72(1)(b) as a change of provider:(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 be01-12-2021 or asap thereafter,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 period, which would represent poor VFM,compared to extending the Contract.The inflationary increases are necessary to secure the agreement of the original contract to continue provision of the services given that the contract prices have been fixed for a considerable period.In respect of carrying out work in other Lots,this is permitted under the terms of the Contract and so permissible under Regulation72(1)(a)."
                }
            ]
        }
    ],
    "links": [
        {
            "rel": "prev",
            "href": "https://ted.europa.eu/udl?uri=TED:NOTICE:278053-2021:TEXT:EN:HTML"
        }
    ],
    "language": "en"
}