Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
Natural Resources Wales
Ty Cambria House, 29 Newport Road
Cardiff
CF24 0TP
UK
Contact person: Keith Edwards
Telephone: +44 3000653000
E-mail: keith.edwards@cyfoethnaturiolcymru.gov.uk
NUTS: UKL
Internet address(es)
Main address: http://naturalresourceswales.gov.uk
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0110
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Sands of LIFE: South Conservation and All Wales Fencing Framework
Reference number: itt_82641
II.1.2) Main CPV code
70332100
II.1.3) Type of contract
Services
II.2) Description
Lot No: 3
II.2.1) Title
Fencing
II.2.2) Additional CPV code(s)
45342000
II.2.3) Place of performance
NUTS code:
UKL
Main site or place of performance:
Sands of LIFE Special Areas of Conservation coastal dune sites in the counties of Bridgend, Swansea and Carmarthenshire (southern sub-lot) & Angesley and Gwynedd (northern sub-lot).
II.2.4) Description of the procurement
This lot is split into 2 regional sub-lots:
Lot 3a: Fencing South Wales
Lot 3b: Fencing North Wales
The main specifications for fencing work requirement (but not limited to) are as follows:
Chestnut fencing
Pressure Treated Fencing
V-shaped gates
Farm gates
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 22
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2020/S 243-603182
Section V: Award of contract/concession
Lot No: 3
Contract No: 82641
Title: Fencing
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
02/12/2020
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor/concessionaire
John Davies Agricultural & Plant Contractors ltd
Gwenllan, Llanfihangel-ar-Arth
Pencader
SA399HU
UK
NUTS: UKL
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
A.J.Butler Contracting
MARCHOLWS, PENIEL
CARMARTHEN
SA327AA
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
Ian Davies Plant Limited
Llwynfelish Farm, Neath Road, Crynant
Neath
SA108SP
UK
NUTS: UKL17
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
Tir a Choed
Bryn Derwen Bach, Coed y Parc, Bethesda
Bangor
LL574YW
UK
NUTS: UKL12
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
S.E.Metcalfe a'i Gwmni
Tan Yr Eglwys, Llanrhychwyn
Trefriw
LL270YJ
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 325 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
(WA Ref:124358)
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
UK
Telephone: +44 2079477501
VI.5) Date of dispatch of this notice
30/08/2022
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
45342000
VII.1.2) Additional CPV code(s)
VII.1.3) Place of performance
NUTS code:
UKL
Main site or place of performance:
Sands of LIFE Special Areas of Conservation coastal dune sites in the counties of Bridgend, Swansea and Carmarthenshire (southern sub-lot) & Anglesey and Gwynedd (northern sub-lot).
VII.1.4) Description of the procurement
This lot is split into 2 regional sub-lots:
Lot 3a: Fencing South Wales
Lot 3b: Fencing North Wales
The main specifications for fencing work requirement (but not limited to) are as follows:
Chestnut fencing
Pressure Treated Fencing
V-shaped gates
Farm gates
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 33
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 490 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
Yes
VII.1.7) Name and address of the contractor/concessionaire
A.J.Butler Contracting Ltd
MARCHOLWS, PENIEL
CARMARTHEN
SA327AA
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
Ian Davies Plant Limited
Llwynfelish Farm, Neath Road, Crynant
Neath
SA108SP
UK
NUTS: UKL17
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
John Davies Agricultural & Plant Contractors ltd
Gwenllan, Llanfihangel-ar-Arth
Pencader
SA399HU
UK
NUTS: UKL
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
Tir a Choed
Bryn Derwen Bach, Coed Y Parc, Bethesda
Bangor
LL574YW
UK
NUTS: UKL12
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
S.E.Metcalfe a'i Gwmni
Tan Yr Eglwys, Llanrhychwyn
Trefriw
LL270YJ
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
VII.2) Information about modifications
VII.2.1) Description of the modifications
In accordance with Section 72 (1) (c) of the Public Contracts Regulations 2015, the maximum value of the framework is hereby increased by 50% to 2.1 million GBP and the term of the framework is extended until 31st August 2023.
VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
1. Covid-19 pandemic
2. Extended sickness of team members (amounting to 3 years in total)
3. Unexploded ordnance health and safety risks greater than original SoLIFE submission, with eight rather than two sites being of moderate or high risk.
4. Lack of permission from some landowners to carry out works, including for example, significant delays due to the death of a private land owner.
5. Corporate reorganisation and loss of dedicated, experienced site managers
6. Changes from public to private management of two major sites
7. Regulatory consents and constraints greater than anticipated in the original proposal
8. Changing national market conditions due to Covid and Brexit, ie, labour supply, supply chain, fuel costs etc
9. Additional preparatory and follow-up works greater than anticipated, e.g significant growth of scrub due to delays as described above.
VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 325 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 490 000.00 Currency: GBP