Provision of Planned and Responsive Maintenance and Minor Works - Dundonald Building Lot 1

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-045211-2024-06-18T16:58:12+01:00",
    "date": "2024-06-18T16:58:12+01:00",
    "ocid": "ocds-h6vhtk-045211",
    "description": "It has become necessary for EANI to further increase the value and extend the period of this contract to 31 August 2025. EANI published VEAT Notice 2024/S 000-004326 on 8 February 2024 detailing their intention to extend to the value and time of the Contract. This was required as additional expenditure has been incurred due to an unforeseen additional budget release by which the consequent additional funding facilitated the performance of additional works and the unforeseen demand particularly in respect of response works and for works to accommodate children with Special Education Needs. These factors, combined with the continued effect of inflation which were not anticipated at the time of the original Contract Notice or subsequent VEAT Notices, has precipitated a more rapid consumption of the value of the contract stated in the previous VEAT Notice. . This extension of the contract is also required due to delays in the ongoing procurement process, which has had the ramification of consequent delays on the next phases of the procurement, which could not have been reasonably foreseen and which has resulted in the requirement to increase the value and period of this contract. . In addition to extending the value and time of the Contract, EANI issued a further VEAT Notice 2024/S 000-012072 dated 12 April 2024 outlining their intention, upon receipt of 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. The overall nature of contract is not altered. The relevant percentage indices to be applied in respect of each exceptional item are set out in the previously published VEAT Notice 2024/S 000-012072. . In applying for a price uplift in respect of these Exceptional items, the Contractor will have the choice to either claim the rates in the Price List applying the appropriate indexation percentage or claim under the Defined Costs. If the price of an Exceptional Item has been previously agreed, the Contractor may continue to claim at this rate. The Contractor is not required to produce evidence if they do not wish to avail of the Defined Costs. . Regulation 72(1)(c) permits the above modifications, including the change to the uplift mechanism for exceptional items, the increase in value of the Contract and the extension of the Contract, due to unforeseen circumstances which a diligent contracting authority could not have foreseen. In addition the overall nature of the contract is not altered and Modification value is GBP 6 000 000 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)). . The uplift to the contract value also being sought as a precautionary measure to ensure continued service delivery of the SEN placement programme and in particular the potential of further ongoing response maintenance works as may be required before the contract expiry. . In order to provide continued access to schools and the scale, complexity and nature of the construction works and possible duplication of costs it is not possible to change the current provider. Regulation 72(1)(b) further permits this 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 no later than 31/08/25 and the contract extension shall permit the contracting authority to terminate the contract before this date upon the provision of three months' notice..",
    "initiationType": "tender",
    "tender": {
        "id": "Dundonald Building Lot 1",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "Provision of Planned and Responsive Maintenance and Minor Works - Dundonald Building Lot 1",
        "status": "complete",
        "classification": {
            "scheme": "CPV",
            "id": "45210000",
            "description": "Building construction work"
        },
        "mainProcurementCategory": "works",
        "description": "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 Contract Lot 3: Term Service Contracts for Building Maintenance and Minor Works in the old South Eastern Education and Library Board area, Contract Lot 1 as further described in OJEU Contract Notice and as outlined in the previous VEATs issued on 28 May 2021, 15 April 2022, 13 December 2022, September 2023 and 8 February 2024.",
        "lots": [
            {
                "id": "1",
                "description": "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 Contract Lot 3: Term Service Contracts for Building Maintenance and Minor Works in the old South Eastern Education and Library Board area, Contract Lot 1 as further described in OJEU Contract Notice and as outlined in the previous VEAT issued 28 May 2021, 15 April 2022, 13 December 2022, 7 September 2023, 27 October 2023, 8 February 2024 and 12 April 2024.",
                "hasOptions": true,
                "options": {
                    "description": "The previous VEAT 2024/S 000-004326 issued on 8 February 2024 extended this contract until 31 August 2025 with an option for the EANI to terminate, at its sole discretion, the contract by providing the contractor with written notice of its intention to terminate the contract. This option has not been exercised. Instead, this notice concerns EA's intention, upon receipt of 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. The overall nature of contract is not altered."
                },
                "contractPeriod": {
                    "startDate": "2024-06-19T00:00:00+01:00",
                    "endDate": "2025-08-31T23:59:59+01:00"
                }
            }
        ],
        "items": [
            {
                "id": "1",
                "deliveryAddresses": [
                    {
                        "region": "UKN"
                    },
                    {
                        "region": "UKN"
                    }
                ],
                "relatedLot": "1"
            }
        ],
        "procurementMethod": "limited",
        "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
        "coveredBy": [
            "GPA"
        ],
        "procurementMethodRationaleClassifications": [
            {
                "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
                "id": "D_OUTSIDE_SCOPE",
                "description": "The procurement falls outside the scope of application of the directive"
            }
        ],
        "procurementMethodRationale": "We refer to the previously issued VEAT Notice (2024/S 000-010451) published on 28 March 2024. The indices values referenced therein are incorrect and the EANI therefore publish this VEAT in order to rectify those indices values. Please disregard the previous VEAT. To secure continuity, Task Orders issued on/after 1 July 2021 as per VEAT (2021/S 105-278040) 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 12.6 pct applies to Sections 1, 2, 4, 5 and 6 of Price List; PSA SOR DEC12 11.9 pct applies to Section 7 Item OT070. Inflation after 1 April 2021 will be change 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 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 (excluding works to existing aluminium window systems and associated items such as taking out, repairs and the like); Aluminium curtain walling and associated items comprising glazing, flashings and insulated panels (excluding works to existing aluminium curtain walling and associated items such as taking out, repairs and the like); Aluminium doors and associated items comprising sidelights and fanlights (excluding works to existing aluminium doors and associated items such as taking out, repairs and the like); Coated macadam roads and pavings and associated items comprising regulating courses (excluding labours and repairs to coated macadam and associated items); Asphalt roads and pavings and associated items comprising chippings (excluding labours and repairs to asphalt and associated items); Proprietary coloured safety sports surfacings (wet-pour) and associated items comprising logos, patterns, graphics and the like; and 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 including taking out, repairs and the like) Please see continued in Section VI.3"
    },
    "awards": [
        {
            "id": "012072-2024-1",
            "relatedLots": [
                "1"
            ],
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-17932",
                    "name": "D Martin Building"
                }
            ]
        },
        {
            "id": "018820-2024-2024/S 000-012072-1",
            "relatedLots": [
                "1"
            ],
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-17932",
                    "name": "D Martin Building"
                }
            ]
        }
    ],
    "parties": [
        {
            "id": "GB-FTS-1727",
            "name": "Education Authority NI",
            "identifier": {
                "legalName": "Education Authority NI"
            },
            "address": {
                "streetAddress": "40 Academy Street",
                "locality": "Belfast",
                "region": "UK",
                "postalCode": "BT1 2NQ",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "facilities.procure@eani.org.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "https://etendersni.gov.uk/epps/home.do",
                "buyerProfile": "https://etendersni.gov.uk/epps",
                "classifications": [
                    {
                        "scheme": "TED_CA_TYPE",
                        "id": "BODY_PUBLIC",
                        "description": "Body governed by public law"
                    },
                    {
                        "scheme": "COFOG",
                        "id": "09",
                        "description": "Education"
                    }
                ]
            }
        },
        {
            "id": "GB-FTS-17932",
            "name": "D Martin Building",
            "identifier": {
                "legalName": "D Martin Building"
            },
            "address": {
                "locality": "Moneyreagh",
                "region": "UKN",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "dmartinbuilding@gmail.com"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "url": "https://www.etendersni.gov.uk",
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-38606",
            "name": "The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions",
            "identifier": {
                "legalName": "The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions"
            },
            "address": {
                "locality": "Belfast",
                "countryName": "United Kingdom"
            },
            "roles": [
                "reviewBody"
            ]
        },
        {
            "id": "GB-FTS-84187",
            "name": "the Education Authority",
            "identifier": {
                "legalName": "the Education Authority"
            },
            "address": {
                "streetAddress": "40 Academy Street",
                "locality": "Belfast",
                "region": "UKN",
                "postalCode": "BT1 2NQ",
                "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"
            }
        }
    ],
    "buyer": {
        "id": "GB-FTS-84187",
        "name": "the Education Authority"
    },
    "contracts": [
        {
            "id": "012072-2024-1",
            "awardID": "012072-2024-1",
            "status": "active",
            "value": {
                "amount": 1,
                "currency": "GBP"
            },
            "dateSigned": "2024-04-12T00:00:00+01:00"
        },
        {
            "id": "018820-2024-2024/S 000-012072-1",
            "awardID": "018820-2024-2024/S 000-012072-1",
            "status": "active",
            "value": {
                "amount": 39050000,
                "currency": "GBP"
            },
            "dateSigned": "2024-04-12T00:00:00+01:00",
            "period": {
                "startDate": "2024-06-19T00:00:00+01:00",
                "endDate": "2025-08-31T23:59:59+01:00"
            },
            "items": [
                {
                    "id": "1",
                    "classification": {
                        "scheme": "CPV",
                        "id": "45210000",
                        "description": "Building construction work"
                    },
                    "deliveryAddresses": [
                        {
                            "region": "UKN"
                        }
                    ],
                    "relatedLot": "1"
                }
            ],
            "amendments": [
                {
                    "id": "1",
                    "description": "Nature and extent of the modifications (with indication of possible earlier changes to the contract): The previous VEAT 2024/S 000-004326 issued on 8 February 2024 extended this contract until 31 August 2025 with an option for the EANI to terminate, at its sole discretion, the contract by providing the contractor with written notice of its intention to terminate the contract. The VEAT also detailed an increase to the value of the contract of 6,000,000.00 GBP which does not exceed 50 % of the original contract value. This Notice concerns the above modifications along with the previous VEAT Notice 2024/S 000-012072 issued on 12 April 2024 detailing EANI's intention, upon receipt of 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. The overall nature of contract is not altered. The total value of the extension is 6,000,000.00GBP. See further information in section VI.3 Additional Information",
                    "rationale": "Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: See information in section VI.3 Additional Information"
                }
            ]
        }
    ],
    "language": "en"
}