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

Concepts

• building construction
• belfast
• construction work
• building maintenance
• contract lot
• minor works
• armagh building lot 1
• contract lot 1: term service contracts
• planned and responsive maintenance and minor works
• building

Location

Belfast

Description

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

Ammendments to Previous Notice

Award Detail

CPV Codes

• 45210000 - Building construction work

Indicators

• Contract modified due to unforeseen circumstances.

Legal Justification

Further information can be found in section VI.3 above.

Other Information

It has become necessary for EANI to further increase the value and extend the period of this contract to 31August2025.EANI published VEAT Notice VEAT 2024/S 000-004323 on 8February2024 detailing their intention to extend to the value and time of the Contract.This was required 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. 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 of the contract is also required due to delays in the ongoing 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.In addition to extending the value and time of the Contract, EANI issued a further VEAT Notice VEAT 2024/S000-012071 dated 12April2024 outlining their 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. The overall nature of contract is not altered.The relevant percentage indices to be applied in respect of each exceptional item are set out in the previously published VEAT Notice VEAT 2024/S000-012071. 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.Regulation72(1)(c) permits the above modifications, including the change to the uplift mechanism for exceptional items, the increase in value of the Contract and the extension 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 6 000 000 which does not exceed 50% of original contract value.This contingency includes sums to permit work in other Lots(as per the contract and Regulation72(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.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. Regulation72(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 and the contract extension shall permit the contracting authority to terminate the contract before this date upon the provision of three months’ notice.