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

Concepts

• belfast
• building construction
• construction work
• contract lot
• minor works
• maintenance
• m&e
• contract lot 3
• planned and responsive maintenance and minor works - omagh m&e lot
• planned maintenance and response 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 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 VEATs issued on 28 May 2021, 15 April 2022, 13 December 2022, September 2023 and 8 February 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 2024/S 000-004316 issued on 8 February 2024 extended this contract until 31 August 2025 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 concerns EA’s intention, upon receipt of compelling evidence, to consider the review of certain prices in the price lists for specific elements of which the impact of inflation is higher than what could have reasonably and diligently anticipated. 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

To secure continuity, Task Orders issued on/after 1 July 2021 as per VEAT (2022/S 000-010148) are adjusted for inflation, calculated with the BCIS Measured Term Contract Updating Percentages. Inflation from mid-point of original contract to 31 March 2021 is: PSA SOR ELEC11 Rate A, Rate B/D/E, Rate C 7.6 pct, 14.1 pct and 13.9 pct 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 20.7 pct, 12.2 pct and 13.9 pct respectively, applies to Sections 1, 2 and 3; Rate B/D/E applies to Section 3; PSA SOR BCE09 14.3 pct applies to Section 4 Item OT010.370 to 460. Inflation after 1 April 2021 is changed in BCIS MTC Updating Percentages from 31 March 2021 indices based on TO issue date/latest published index. For travel expenses for Response Task Orders issued outside of Lot received on or after 1 June 2022, an additional amount for travel has been included. It is the EA’s intention, upon receipt of compelling evidence, to consider the review of certain prices in the price lists for specific elements of which the impact of inflation is higher than what could have reasonably and diligently anticipated. This includes: Copper cabling comprising HV/LV cables: standard power cables 600/1000V, armoured and armoured: fire resistant, sizes exceeding 500mm² one core, 185mm² two core, 120mm² three core and 95mm² four core (Rate A only), Copper cabling comprising HV/LV cables: standard power cables 1900/3300V, armoured, sizes exceeding 150mm² one core and 120mm² two core (Rate A only), Surface trunking: steel; standard; one / two compartment; size 50 x 50 / 75 x 75 / 100 x 50 / 100 x 100; including lids and extra over items, i.e. accessories (Rate A only), 600 / 1000 V: armoured insulated cable to BS 7846: fire resistant to BS 6387 category CWZ, BS EN 50200 PH60, BS 8434-1 30 minutes, BS EN 60332-1-2, BS EN 60332-3-24: low emission of smoke and corrosive gases when affected by fire to BS EN 61034-2,BS EN 60754-1 and 2; four core; size 10mm2 / 16mm2 / 25mm2 (Rate A only), Insulation; aluminium foil; joints sealed with tape and banded around pipe and fittings; all sizes / thickness (Rate A only), Flexible conduit; metallic; steel; size 20mm (Rate A only), Cable tray; perforated galvanised steel; plain flange edge; light / medium / heavy duty; width 50mm / 100mm / 150mm including ventilated cover and extra over items, i.e. accessories (Rate A only), Cable tray; wire basket; zinc plated steel; not exceeding 30mm deep / 30 to 60mm deep / 60 to 110mm deep; width 50mm / 100mm / 150mm; including extra over items, i.e. accessories (Rate A only), 450 / 750 V: wiring cable: insulated and sheathed flame retardant to BS EN 60332-1-2: low emission of smoke and corrosive gases when affected by fire to BS EN 61034-2 and BS EN 60754-1 and 2; single core to BS 7211: flame retardant to BS EN 60332-1-2; two / three / four core screened: flame retardant to BS EN 60332-1-2 and BS EN 60332-3-4: size 1.5mm2 or greater (Rate A only), 600 / 1000 V: armoured insulated cable to BS 7846: fire resistant to BS 6387 category CWZ, BS EN 50200 PH60, BS 8434-1 30 minutes, BS EN 60332-1-2, BS EN 60332-3-24: low emission of smoke and corrosive gases when affected by fire to BS EN 61034-2,BS EN 60754-1 and 2; 3 / 4 core; 1.5mm2 or greater (Rate A only), 600 / 1000 V: mains power cable: thermosetting insulated: steel wire armoured; three / four core; 6.0mm2 or greater (Rate A only) and Radiators: panel: steel; single and double convector; all sizes (Rate A only)

Other Information

In applying for a price uplift in respect of these Exceptional items, the Contractor will have the choice to either claim the rates in the Price List applying the appropriate indexation percentage or claim under the Defined Costs. If the price of an Exceptional Item has been previously agreed, the Contractor may continue to claim at this rate. The Contractor is not required to produce evidence if they do not wish to avail of the Defined Costs. Regulation 72(1)(c) permits this extension due to unforeseen circumstances which a diligent contracting authority could not have foreseen and the overall nature of the contract is not altered. The anticipated modification increase equates to GBP 4 000 000. The overall new modified contract value is GBP 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)). This is required as additional expenditure has been incurred due to increased demand for works generally and in particular, in regard to Special Educational Needs (SEN) placements and consequent increased rate of expenditure coupled with further delays in regard to the onging procurement exercise which was not anticipated at the time of the original Contract Notice or subsequent VEAT Notices. . . Regulation 72(1)(c) further permits this extension due to unforeseen circumstances which a diligent contracting authority could not have foreseen and the overall nature of the contract is not altered. In particular, due to the inherent complexity of the procurement process, it is taking much longer than could have reasonably been anticipated and despite the best efforts of EANI, the process remains ongoing. . . 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.