Modification notice

Modification of a contract/concession during its term

Section I: Contracting entity

I.1) Name and addresses

Section II: Object

II.1) Scope of the procurement

II.2) Description

Section IV: Procedure

IV.2) Administrative information

Section V: Award of contract/concession

Contract No: 9TZL-RMT61W

V.2 Award of contract/concession

V.2.1) Date of conclusion of the contract/concession

17/03/2021

V.2.2) Information about tenders

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor/concessionaire

V.2.4) Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot: /concession: 122 718 960.00  GBP

Section VI: Complementary information

VI.4) Procedures for review

VI.5) Date of dispatch of this notice

01/04/2021

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications

VII.1.1) Main CPV code

85000000

VII.1.2) Additional CPV code(s)

VII.1.3) Place of performance

NUTS code:

UKE42

VII.1.4) Description of the procurement

Provision of Day Care, Respite and Crisis Care and Supported Living services to adults with learning disabilities within Leeds.

VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession

Duration in months: 24

VII.1.6) Information on value of the contract/lot/concession (excluding VAT)

Total value of the procurement: 122 718 960.00 GBP

The contract/concession has been awarded to a group of economic operators: No

VII.1.7) Name and address of the contractor/concessionaire

VII.2) Information about modifications

VII.2.1) Description of the modifications

The modification of contracts is governed under the Public Contracts Regulations 2015 at Regulation 72. This considers the extent to which a contract may be modified before it should be considered so substantially changed as to necessitate a new contract. It also requires the consideration of the effect of cumulative variations therefore, this needs to be considered in taking this decision.

The provisions of Regulation 72 (1b) (i) and (ii) provide an exception ‘where all of the following conditions are fulfilled:

Regulation 72 (1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:

(b) for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor:

(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and

(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50 % of the value of the original contract.

VII.2.2) Reasons for modification

Need for additional works, services or supplies by the original contractor/concessionaire

Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:

In making this variation the above conditions of Regulation 72 (1b) (i) and (ii) are deemed to be satisfied for the following reasons: (i) would cause significant inconvenience or substantial duplication of costs for the contracting authority;

(ii) the additional period is to cover the uncertainty of the market and to allow time to undertake a future procurement exercise for respite provision;

(iii) the request to increase the price to vary the contract period is less than 50 % of the value of the original contract. The additional funding does not change the overall nature of the contract and;

(iv) service users have the right to choose who provides these care and support services to them, and they have chosen Aspire. Therefore, at this moment in time, and until procurement options have been pursued, there are no alternative options but to continue with Aspire.

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: 42 076 000.00 Currency: GBP

Total contract value after the modifications

Value excluding VAT: 164 794 960.00 Currency: GBP