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

Concepts

• building construction
• belfast
• construction work
• contract lot
• building maintenance
• minor works
• planned and responsive maintenance works
• planned and responsive maintenance and minor works - omagh building lot
• a term service contract for building maintenance and minor works
• provision of planned and responsive maintenance works

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 a Term Service Contract for Building Maintenance and Minor Works in the old Western Education and Library Board area (Area 1), Contract Lot 3 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 and September 2023.

Total Quantity or Scope

Provision of Planned and Responsive Maintenance Works for EANI across its property portfolio in the old Western Education and Library Board area (Area 1), Contract Lot 3 which includes but is not limited to controlled and uncontrolled schools.

Award Detail

Renewal Options

The previous VEAT 2022/S 000-035183 issued on 13 December 2022 extended this contract until 31 May 2024 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 shall extend the contract until 31 August 2025 with the further option for EANI, in its absolute discretion, terminate the contract by providing the contractor with written notice of its intention to terminate the contract. EANI are also 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.

CPV Codes

• 45210000 - Building construction work

Indicators

• Options are available.

Legal Justification

Due to circumstances which could not have been foreseen at the time of publication of the previous VEAT Notice, EANI are now required to further increase the value and period of this contract. This is required as additional expenditure has been incurred due to unforeseen additional budget release and the consequent additional funding facilitated to 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 is also required due to delays in the ongoing during the 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. Regulation 72(1)(c) permits this extension due to unforeseen circumstances which a diligent contracting authority could not have foreseen, 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)). 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. To secure continuity, the provisions of the contract as referenced in VEAT 2022/S 000-010145 remain. Regulation 72(1) (b) further permits this extension 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.