Deed of Variation in relation to Repairs and Maintenance contract

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-04ef7b-2025-03-20T10:05:04Z",
    "date": "2025-03-20T10:05:04Z",
    "ocid": "ocds-h6vhtk-04ef7b",
    "description": "This notice shows CKH has entered into a deed of variation (the \"Contract\") to award an extended contract to Mears. The estimated increase in the value of the Underlying Contract is estimated to be PS20,000,000 to PS25,000,000 (twenty to twenty five million pounds). A procurement procedure was not necessary on the basis that the award of the Contract is permitted pursuant to regulation 72(1)(e) of the Public Contracts Regulations 2015 (as detailed in the Voluntary Transparency Noted [2/14/25 2:05 PM with reference: 2025/S 000-005158 ]. The Underlying Contract is varied in order to extend the duration of the Underlying Contract by a period of one (1) year. This modification is being made in accordance with regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015. To view this notice, please click here: https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=934591675 GO Reference: GO-2025320-PRO-29837884",
    "initiationType": "tender",
    "tender": {
        "id": "ocds-h6vhtk-04ef7b",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "Deed of Variation in relation to Repairs and Maintenance contract",
        "status": "complete",
        "classification": {
            "scheme": "CPV",
            "id": "45453000",
            "description": "Overhaul and refurbishment work"
        },
        "mainProcurementCategory": "works",
        "description": "Cross Keys Homes Limited (\"CKH\") intends to enter into a deed of variation with Mears, the effect of which will extend the duration of an existing R&M contract (as previously extended in line with Notice 2024/S 000-001359) between CKH and Mears (the \"Underlying Contract\") by a further period of one (1) year, and which will increase the value of the Underlying Contract by approximately PS20,000,000 to PS25,000,000 (twenty to twenty five million pounds). CKH has commenced a procurement procedure for a replacement contract in compliance with the Public Contracts Regulations 2015 which is currently underway, and the proposed extension seeks to facilitate the time required to conclude that procurement exercise.",
        "lots": [
            {
                "id": "1",
                "description": "Cross Keys Homes Limited (\"CKH\") intends to enter into a deed of variation with Mears, the effect of which will extend the duration of an existing R&M contract between CKH and Mears (the \"Underlying Contract\") by one (1) year, and which will increase the value of the Underlying Contract by approximately PS20,000,000 to PS25,000,000 (twenty to twenty five million pounds). The Underlying Contract is due to expire in March 2025.",
                "awardCriteria": {
                    "criteria": [
                        {
                            "type": "price"
                        }
                    ]
                },
                "hasOptions": false,
                "status": "cancelled"
            }
        ],
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "50700000",
                        "description": "Repair and maintenance services of building installations"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45300000",
                        "description": "Building installation work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45211000",
                        "description": "Construction work for multi-dwelling buildings and individual houses"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45451000",
                        "description": "Decoration work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "75200000",
                        "description": "Provision of services to the community"
                    },
                    {
                        "scheme": "CPV",
                        "id": "77314000",
                        "description": "Grounds maintenance services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "50800000",
                        "description": "Miscellaneous repair and maintenance services"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UK"
                    }
                ],
                "deliveryLocation": {
                    "description": "UNITED KINGDOM"
                },
                "relatedLot": "1"
            }
        ],
        "procurementMethod": "limited",
        "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
        "coveredBy": [
            "GPA"
        ],
        "reviewDetails": "The Contracting Authority will conduct itself in accordance with the Public Contracts Regulations 2015.",
        "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": "This VTN gives notice that CKH is entering into a deed of variation (the \"Contract\") to award an extended contract to Mears. The estimated increase in the value of the Underlying Contract is estimated to be PS20,000,000 to PS25,000,000 (twenty to twenty five million pounds). A procurement procedure is not necessary on the basis that the award of the Contract is permitted pursuant to regulation 72(1)(e) of the Public Contracts Regulations 2015. The Contract will award additional works to Mears, and will have the effect of modifying the Underlying Contract in accordance with Regulation 72 of the Public Contracts Regulations 2015. Whereas the Underlying Contract had an original value of PS300,000,000 to 375,000,000 (three hundred to three hundred and seventy five million pounds) across a full possible fifteen (15) year term, the Underlying Contract will be varied in order to extend the duration of the Underlying Contract by a period of one (1) year, and the estimated value of the Underlying Contract is increased by PS20,000,000 to PS25,000,000 (twenty to twenty five million pounds). This modification is being made in accordance with regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015. Namely, the proposed modification is not substantial within the meaning of regulation 72(1)(8) on the basis that: 1.the modification does not render the Underlying Contract materially different in character - the proposed modification remains limited to the same type, scope and nature of works, and will be delivered in the same geographic region and on identical commercial terms. The modification is limited to an extension of the Contract's duration, and for a limited time period to facilitate the re-procurement of the opportunity as a whole. 2.the modification does not introduce conditions which would have (a) allowed for the admission of other candidates, (b) allowed for the acceptance of another tender, or (c) attracted additional participants in the procurement procedure - the relatively short extension is not a significant change and is unlikely to have changed the outcome of the procurement. 3.the modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract - the extension is limited to identical commercial terms currently in use under the Underlying Contract, CKH is satisfied that this does not amount to an over-compensation. 4.the modification does not extend the scope of the contract considerably: the extension is limited in duration to facilitate the re-procurement process, and the specification and commercial terms remain unamended. For the reasons set out, the proposed modification does not constitute a substantial modification and is permitted by regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015."
    },
    "awards": [
        {
            "id": "010313-2025-1",
            "relatedLots": [
                "1"
            ],
            "title": "Deed of variation in relation to repairs and maintenance contract",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-64635",
                    "name": "Mears Limited"
                }
            ]
        }
    ],
    "parties": [
        {
            "id": "GB-FTS-141222",
            "name": "Cross Keys Homes Limited",
            "identifier": {
                "legalName": "Cross Keys Homes Limited"
            },
            "address": {
                "streetAddress": "Shrewsbury Avenue",
                "locality": "Peterborough",
                "region": "UK",
                "postalCode": "PE2 7BZ",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Stuart Fort",
                "telephone": "+44 1733385000",
                "email": "stuart.fort@crosskeyshomes.co.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "https://www.crosskeyshomes.co.uk/",
                "classifications": [
                    {
                        "scheme": "TED_CA_TYPE",
                        "id": "BODY_PUBLIC",
                        "description": "Body governed by public law"
                    },
                    {
                        "scheme": "COFOG",
                        "id": "06",
                        "description": "Housing and community amenities"
                    }
                ]
            }
        },
        {
            "id": "GB-FTS-64635",
            "name": "Mears Limited",
            "identifier": {
                "legalName": "Mears Limited",
                "id": "02519234"
            },
            "address": {
                "streetAddress": "1390 Montpellier Court, Gloucester Business Park, Brockworth",
                "locality": "Gloucester",
                "region": "UK",
                "postalCode": "GL3 4AH",
                "countryName": "United Kingdom"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "large"
            }
        },
        {
            "id": "GB-FTS-136",
            "name": "High Court of England and Wales",
            "identifier": {
                "legalName": "High Court of England and Wales"
            },
            "address": {
                "locality": "London",
                "countryName": "United Kingdom"
            },
            "roles": [
                "reviewBody",
                "mediationBody"
            ]
        },
        {
            "id": "GB-FTS-569",
            "name": "Cabinet Office",
            "identifier": {
                "legalName": "Cabinet Office"
            },
            "address": {
                "locality": "London",
                "countryName": "United Kingdom"
            },
            "roles": [
                "reviewContactPoint"
            ]
        }
    ],
    "buyer": {
        "id": "GB-FTS-141222",
        "name": "Cross Keys Homes Limited"
    },
    "contracts": [
        {
            "id": "010313-2025-1",
            "awardID": "010313-2025-1",
            "title": "Deed of variation in relation to repairs and maintenance contract",
            "status": "active",
            "value": {
                "amount": 25000000,
                "currency": "GBP"
            },
            "dateSigned": "2025-03-17T00:00:00Z"
        }
    ],
    "bids": {
        "statistics": [
            {
                "id": "2",
                "measure": "bids",
                "relatedLot": "1",
                "value": 1
            }
        ]
    },
    "language": "en"
}