Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
National Galleries of Scotland
National Galleries of Scotland, 73 Belford Road
Edinburgh
EH4 3DS
UK
E-mail: amadeirarezende@nationalgalleries.org
NUTS: UKM75
Internet address(es)
Main address: http://www.nationalgalleries.org
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11042
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
NGS Fire & Security Systems Comprehensive Maintenance Contract
Reference number: GEN/15/001
II.1.2) Main CPV code
50610000
II.1.3) Type of contract
Services
II.2) Description
II.2.2) Additional CPV code(s)
50610000
50413200
35111500
31625100
31625200
35120000
35125300
44521120
42961100
35121700
79711000
31625000
31625300
38431200
32234000
32235000
32231000
92222000
II.2.3) Place of performance
NUTS code:
UKM75
II.2.4) Description of the procurement
This is a second modification of the National Galleries of Scotland's (NGS) Fire & Security Systems Comprehensive Maintenance Contract.
The contract is for the provision of a fully comprehensive, performance related maintenance, for the maintenance and servicing of NGS' estate-wide Fire & Security detection, alarm and monitoring systems. The contract, being fully comprehensive, will cover all hardware, software and associated ancillary items.
The original contract was awarded by NGS on 21/08/2015. Contract Notice: 2015/S 042-072581. Contract Award Notice Reference: 2015/S 182-330742.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 78
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2015/S 182-330742
Section V: Award of contract/concession
Contract No: GEN/015/001
Title: NGS Fire & Security Systems Comprehensive Maintenance Contract
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
21/08/2015
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
ADT Fire & Security
12 Fairbairn Road, Kirkton North
Livingston
EH54 6TS
UK
Telephone: +44 7703338995
NUTS: UKM75
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: 583 800.00
GBP
Section VI: Complementary information
VI.3) Additional information
This is a second modification of a contract award by the National Galleries of Scotland on 21 August 2015 (SC Ref: 413 617).
(SC Ref:691386)
VI.4) Procedures for review
VI.4.1) Review body
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
UK
Telephone: +44 1312252525
E-mail: edinburgh@scotcourts.gov.uk
VI.5) Date of dispatch of this notice
27/04/2022
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
79993000
VII.1.2) Additional CPV code(s)
71314200
48000000
48100000
48150000
50700000
50710000
VII.1.3) Place of performance
NUTS code:
UKM75
VII.1.4) Description of the procurement
The contract is for the provision of a fully comprehensive, performance related maintenance contract, for the maintenance and servicing of our estate-wide Fire & Security detection, alarm and monitoring systems. The contract, being fully comprehensive, covers all hardware, software and associated ancillary items. The full scope of the contract is detailed in the Tender Documents.
An annual budget is incorporated into the contract, used to call off small works as part of the service and maintenance at the discretion of the National Galleries of Scotland.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 90
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 846 340.65 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
ADT Fire & Security
12 Fairbairn Road, Kirkton North
Livingston
EH54 6TS
UK
Telephone: +44 7703338995
NUTS: UKM75
The contractor/concessionaire is an SME:
Yes
VII.2) Information about modifications
VII.2.1) Description of the modifications
This proposed modification is a further extension of 12 months – from 1st April 2022 to 31st March 2023 – to an existing contract that was advertised as being extendable annually for up to a total contract duration of six years; and extended for a further 12 months via an initial modification notice for the period 1st April 2021 to 31st March 2022.
This modification is made in accordance with the terms of Article 72(1)(c) and 72(2) of The Public Contracts (Scotland) 2015.
The modification has been brought about by circumstances which NGS could not have foreseen. This proposed modification is in respect of duration and does not involve any changes being made to the existing contract in terms of the services being provided to National Galleries Scotland (NGS). Whilst NGS will make payment to the Contractor in respect of the additional 12 months of services being provided, the price shall not exceed 50% of the initial contract value in accordance with article 72(1)(c)(iii) and 72(2) ‘successive modifications’. This proposed modification does not have an effect of changing the economic balance of the contract, nor does this modification operate to change the scope of the existing contract.
This proposed modification in terms of contract duration does not have the effect of rendering this contract materially different from the existing contract.
During this extension period, NGS will proceed with a new procurement exercise for the Provision of NGS Fire & Security Systems Comprehensive Maintenance Contract.
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:
The combined stopping of works due to the lockdown, along with the complex and changing nature of construction requirements and the ongoing impact of C-19 pandemic, have led us to revise the timeline of the Scottish National Gallery (SNG) project. Due to existing contractual arrangements, this modification ensures the same Contractor is delivering Fire & Security Systems Comprehensive Maintenance services for the entire SNG site while construction is completed and avoids the technical complication of integrating two Fire & Security Systems Maintenance on one site which may create vulnerabilities of site security.
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: 724 840.65 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 846 340.65 Currency: GBP