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

Concepts

• belfast
• building construction
• construction work
• contract lot
• maintenance
• minor works
• m&e
• planned maintenance and response works
• contract lot 3
• planned and responsive maintenance and minor works - omagh m&e lot

Location

Northern Ireland

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 a Term Service Contract for Maintenance (M&E) and Minor Works in the Western Education and Library Board area (Area 1), Contract Lot 3 as further described in OJEU Contract Noticeand 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 28 March 2024.

Total Quantity or Scope

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.

Award Detail

Renewal Options

The previous VEAT Notice 2024/S 000-010439 published on 28 March 2024 detailed EANI’s intention to apply a further uplift to the value of the contract of 4,000,000.00 GBP which does not exceed 50 % of the original contract value. This uplift was applied in addition to the 4,000,000 GBP uplift applied and detailed in the preceding VEAT Notice 2024/S 000-004316 published on 8 February 2024. EANI are now required to further increase the value of this contract. The overall nature of contract is not altered and the Modification value does not exceed 50 % of original contract value. The total value of the extension is 4,000,000.00GBP.

CPV Codes

• 45210000 - Building construction work

Indicators

• Options are available.

Legal Justification

It has become necessary for EANI to further increase the value of this contract 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. An unprecedented rise in statutory compliance works and reactive maintenance works that EANI were obligated to undertake has resulted in substantial expenditure. Furthermore, it was anticipated at the time of publication of the previous VEAT Notice that EANI would have awarded another tender by the date hereof. It was expected this tender award would have resulted in a decreased demand in respect on this contract, however due to unforeseen circumstance, the award has been delayed. Whilst it is anticipate EANI will make the award in the coming weeks, the delay has placed further demand on this contract and necessitated a further uplift of the contract value. Additionally, the unexpected and recent withdrawal of the contractor responsible for ‘Ballymena M&E Lots 1 and 2’ has necessitated the reallocation of certain works to this Contract. Works that were originally intended to be carried out under a separate contract shall now be performed under this contract. While this reallocation has not yet caused any immediate financial pressure, it is highly anticipated and in order to pre-empt this significant additional cost, resulting from the reallocation of works to this Contract, it is crucial that a further uplift is applied to the contract value. By doing so, the financial impact of these works can be managed effectively, without causing disruptions to the overall project delivery. 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. The total value of the extension is 4,000,000.00 GBP which does not exceed 50 % of the original contract value. This uplift is applied in addition to the 4,000,000 GBP uplift applied and detailed in the preceding VEAT Notice 2024/S 000-004316 published on 8 February 2024 and the 4,000,000 GBP uplift detailed in VEAT Notice 2024/S 000-010439 published on 28 March 2024. 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. Regulation 72(1)(c) permits this increase in value 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 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)). 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.