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

Concepts

• ballymena
• building construction
• library board
• minor works
• construction work
• response works
• responsive maintenance
• maintenance
• omagh m&e
• contract lot

Location

BALLYMENA

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 Notice

Ammendments to Previous Notice

Award Detail

CPV Codes

• 45210000 - Building construction work

Indicators

• Contract modified due to unforeseen circumstances.

Legal Justification

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 £4,000,000,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).