Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
National Procurement Service (Welsh Government)
T’yr Afon, Bedwas Road
Caerphilly
CF83 8WT
UK
Telephone: +44 3007900170
E-mail: NPSPeopleServicesutilities@gov.wales
NUTS: UKL
Internet address(es)
Main address: http://npswales.gov.uk
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA27760
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
NPS Provision of Waste Disposal Bags
Reference number: NPS-PSU-0049-15
II.1.2) Main CPV code
19640000
II.1.3) Type of contract
Supplies
II.2) Description
II.2.2) Additional CPV code(s)
19640000
II.2.3) Place of performance
NUTS code:
UKL
II.2.4) Description of the procurement
This procurement process is for the tender and award of a new Framework Agreement for the Provision of Waste
Disposal Bags to the Public Sector in Wales.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 48
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:
2016/S 061-102572
Section V: Award of contract/concession
Contract No: NPS-PSU-0049-15
Title: NPS Provision of Waste Disposal Bags
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
10/08/2016
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
Cromwell Polythene Limited
Orion Building, Seafox Court, Sherburn in Elmet
Leeds
LS256PL
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.3) Name and address of the contractor/concessionaire
Bpi Recycled Products
Heanor Gate , Heanor
Derbyshire
DE757RG
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.3) Name and address of the contractor/concessionaire
The Compost Bag Company Ltd
Comet Road, Moss Side Ind. Estate Leyland
Preston
PR267PF
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
OFFICE DEPOT UK LTD
OFFICE DEPOT UK LTD, Greenwich Way
Andover
SP104JZ
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.3) Name and address of the contractor/concessionaire
HPC Healthline Ltd
South Fen Road
Bourne
PE100DN
UK
NUTS: UKH11
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
J P K TRADE SUPPLIES LTD
J P K TRADE SUPPLIES LTD, UNIT 1 ASHMEAD ROAD Keynsham
BRISTOL
BS311SX
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 25 000 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
(WA Ref:103081)
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
29/07/2020
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
19640000
VII.1.2) Additional CPV code(s)
VII.1.3) Place of performance
NUTS code:
UKL
VII.1.4) Description of the procurement
This contract is being modified in accordance with Regulation 72 of the Public Contracts Regulations 2015. The modification will extend the contract for the Waste Disposal Bags Framework up to 21st January 2021. The contracting authority is relying on Regulation 72.1. Whilst this extension falls outside of the original four year term, the extension is covered under Regulation 72 of the Public Contracts Regulations 2015 as below:
I.the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen (Regulation 72(1)(c)) and
II.is not considered substantial (Regulation 72(1)(e)).
The original contract ref NPS-PSU-0049-15 was subject to an OJEU Contract Notice and was awarded in accordance with the Directive 2004/18/EC of the. European Parliament and of the Council. The increase in price will not exceed 50 percent of the original
contract award value of 25,000,000 GBP.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 12
This extension is being implemented to allow for the continuity of services to our Customer Organisations during the Coronavirus (COVID-19) pandemic, whilst allowing them time to plan and implement their future Waste Bags Framework Strategy.
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 3 000 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
Yes
VII.1.7) Name and address of the contractor/concessionaire
Bpi Recycled Products
Heanor Gate , Heanor
Derbyshire
DE757RG
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
CROMWELL POLYTHENE LTD
Orion Building, Seafox Court, Sherburn-in-Elmet
LEEDS
LS256PL
UK
NUTS: UKE
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
The Compost Bag Company Ltd
Comet Road, Moss Side Ind. Estate Leyland
Preston
PR267PF
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
OFFICE DEPOT UK LTD
OFFICE DEPOT UK LTD, Greenwich Way
Andover
SP104JZ
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
J P K TRADE SUPPLIES LTD
J P K TRADE SUPPLIES LTD, UNIT 1 ASHMEAD ROAD Keynsham
BRISTOL
BS311SX
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
VII.2) Information about modifications
VII.2.1) Description of the modifications
This contract is being modified in accordance with Regulation 72 of the Public Contracts Regulations 2015. The modification will extend
the contract for the Waste Disposal Bags Framework up to 21st August 2021. The contracting authority is relying on Regulation 72.1. Whilst
this extension falls outside of the original four year term, the extension is covered under Regulation 72 of the Public Contracts Regulations
2015 as below:
I.the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen
(Regulation 72(1)(c)) and
II.is not considered substantial (Regulation 72(1)(e)).
The original contract ref NPS-PSU-0049-15 was subject to an OJEU Contract Notice and was awarded in accordance with
the Directive 2004/18/EC of the. European Parliament and of the Council. The increase in price will not exceed 50 percent of the original contract award value of 36,000,000 GBP.
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:
This extension is being implemented to allow for the continuity of services to our Customer Organisations during the Coronavirus (COVID-19) pandemic, whilst allowing them time to plan and implement their future Waste Disposal Bags Strategy.
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: 12 000 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 15 000 000.00 Currency: GBP