Provision of Planned and Responsive Maintenance and Minor Works, Armagh Building Lot 1 and 2

Concepts

• building construction
• armagh building
• belfast
• minor works
• respect of the continued provision of contract lot
• construction work
• responsive maintenance
• armagh building lot
• building maintenance
• contract lot

Location

Belfast

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 2: Term Service Contracts for Building Maintenance and Minor Works in the old Southern Education and Library Board area, Contract Lot 2 as further described in OJEU Contract Notice, together with Contract Lot 1 which was taken into this Lot contract as outlined in the previous VEAT issued on 27 August 2019.

Ammendments to Previous Notice

Award Detail

CPV Codes

• 45210000 - Building construction work

Indicators

• Contract modified due to unforeseen circumstances.

Legal Justification

The Contract was for1year with an option to extend up to a further 3 years.Due to delays in re-procuring, Covid-19 and litigation, the Contract was extended on a number of occasions culminating in VEAT(2020/S 127-312038) until 30-06-2021.EANI have underspent under each VEAT. Due to being unable to resolve the 9 sets of proceedings in respect of 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 Part 2 of PCR2015, rather they have become necessary due to the relevant circumstances. The11month modification value is circa £6,000,000, which does not exceed 50% of the upper range of the original contract value. As this Contract previously took on another Lot, the value includes such work. 50% of the value accounts for contingency due to the unknown volume of emergency work that may be required.Within 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-19and/or Brexit, Task Orders issued on/after01-07-2021will 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 BCE09 12.6pct applies to Sections 1, 2, 4, 5 and 6 of Price List; PSA SOR DEC12 11.9pct applies to Section 7 Item OT070. 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 the 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 time 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).