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

Lot No: 2

Contract No: AiB 2016/4

Title: Insolvency Services: Parts of Western Scotland

V.2 Award of contract/concession

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

31/05/2017

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

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: 5 200 000.00  GBP

Section VI: Complementary information

VI.3) Additional information

This framework was for an initial term of 24 months followed by 2 x 12-month extension periods.

Please note that the NUTS codes have been updated since framework award, and this is reflected in this notice.

(SC Ref:635768)

VI.4) Procedures for review

VI.5) Date of dispatch of this notice

26/11/2020

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications

VII.1.1) Main CPV code

79211000

VII.1.2) Additional CPV code(s)

VII.1.3) Place of performance

NUTS code:

UKM82

UKM95

UKM83

UKM84

UKM81

VII.1.4) Description of the procurement

Lot 2 of the Accountant in Bankruptcy (AiB) Insolvency Services Framework.

AiB has a requirement for the provision of insolvency services for the administration of allocated sequestration cases where the Accountant is appointed trustee. The services are required across the whole of Scotland. The requirement is split into three geographic lots with two contractors appointed to each lot.

Cases are allocated automatically by the case management system (BASYS) to a specific provider in each of the regional lots dependent on the ranking of the provider in each region.

Accountant in Bankruptcy is an Executive Agency of the Scottish Government. The Chief Executive is also the Accountant in Bankruptcy (the Accountant) who is appointed to exercise all of the functions of the Accountant as specified under the Bankruptcy (Scotland) Act 2016 (‘the Act’) (as amended).

AiB requires the services of providers to administer bankruptcy cases where the Accountant has been appointed Trustee. The providers will be expected to carry out the functions of the Trustee in accordance with the terms of the Bankruptcy (Scotland) Act 2016.

They will be appointed to act on behalf of the Accountant. The Accountant will remain the Trustee throughout.

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

Duration in months: 12

The need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen. These circumstances relate to the onset of the Covid-19 pandemic and the resulting uncertainty in relation to insolvency activity and volumes of casework being administered by AiB.

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

Total value of the procurement: 425 000.00 GBP

The contract/concession has been awarded to a group of economic operators: Yes

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

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

VII.2) Information about modifications

VII.2.1) Description of the modifications

This modification is to extend the duration of the framework for 12 months, until 30 June 2022.

An estimated value of the modification for this lot has been provided at VII.1.6), however it should be noted that due to decreased allocation volumes during 2020 this modification is not expected to increase the overall value of this lot or framework as estimated at framework award. Due to the unprecedented uncertainty in relation to insolvency activity, the estimated value of the modification has been based on historic fees and allocation volume information.

As per the terms of the framework a fee increase in line with the prevailing rate of CPI as at the time of agreeing the extension will be applied to the fees for cases allocated during the extension period.

Please note that the NUTS codes have been updated since framework award, and this is reflected in this notice.

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 on-set of the Covid-19 pandemic has created unprecedented uncertainty in relation to insolvency activity and volumes of casework administered by AiB. The Scottish Parliament has approved two emergency Coronavirus Acts to help businesses, consumers and society cope with the ramifications of the pandemic. These legislative measures impact on debt and insolvency in various ways and there is potential that these changes could be extended until 30 September 2021, subject to parliamentary approval. Other factors have impacted on insolvency volumes including increased creditor forbearance, diminished capacity in the Courts system, and reduced availability of debt advice. Bankruptcy volumes since March 2020 clearly demonstrate the extent of uncertainty, with less than half the volume of awards in April to September 2020 compared to 2019. These unprecedented circumstances and the impact on the economy, jobs and other factors make predicting future bankruptcy volumes extremely difficult.

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: 5 200 000.00 Currency: GBP

Total contract value after the modifications

Value excluding VAT: 5 200 000.00 Currency: GBP