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: Armagh Building Lot 2

Title: Provision of Planned and Responsive Maintenance and Minor Works, Armagh Building Lot 2

V.2 Award of contract/concession

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

13/04/2022

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: 6 000 000.00  GBP

Section VI: Complementary information

VI.4) Procedures for review

VI.5) Date of dispatch of this notice

24/06/2022

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications

VII.1.1) Main CPV code

45210000

VII.1.2) Additional CPV code(s)

VII.1.3) Place of performance

NUTS code:

UKN

VII.1.4) Description of the procurement

The award of a contract by Education Authority Northern Ireland (EANI) without prior publication of a call for competition in the Official Journal of the European Union, in respect of the continued provision of Contract Lot 2: Term Service Contracts for Building Maintenance and Minor Works in the old Southern Education and Library Board area as further described in OJEU Contract Notice and as outlined in the previous VEAT issued on 15 April 2022.

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

Start: 25/06/2022

End: 30/09/2022

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

Total value of the procurement: 6 000 000.00 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

An extension to 31 May 2023 with the further option for EANI, in its absolute discretion, to

extend for four months to 30 September 2023.

The total value of the extension is 6,000,000 GBP.

Further information in VII.2.2 below.

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:

Regulation 72(1)(c) permits this extension due to unforeseen circumstances which a diligent

contracting authority could not have foreseen, the overall nature of the contract is not

altered and Modification value is GBP 6 000 000 which does not exceed 50 % of the original

contract value. This contingency includes sums to permit work in other Lots (as per the

contract and Regulation 72 (1) (a)). To secure continuity, Task Orders issued on/after 1 July

2021 as per VEAT (2021/S 105-278047) are adjusted for inflation, calculated with the BCIS

Measured Term Contract Updating Percentages. Inflation from mid-point of original contract

to 31 March 2021 is: PSA SOR BCE09 12.6 pct applies to Sections 1, 2, 4, 5 and 6 of Price

List; PSA SOR DEC12 11.9 pct applies to Section 7 Item OT070. Inflation after 1 April 2021 is

changed in BCIS MTC Updating Percentages from 31 March 2021 indices, based on TO issue

date/latest published index. For travel expenses for Response Task Orders issued outside of

the Lot received on or after 1 June 2022, an additional amount for travel has been included. It

is the EA’s intention, upon receipt of the compelling evidence, to consider the review of

certain prices in the price lists for specific elements of which the impact of inflation is higher

than what could have reasonably and diligently anticipated. This includes: Aluminium window

systems and associated items comprising glazing, flashings and insulated panels, Aluminium

curtain walling and associated items comprising glazing, flashings and insulated panels,

Aluminium doors and associated items comprising sidelights and fanlights, Coated macadam

roads and pavings and associated items comprising regulating courses, Asphalt roads and

pavings and associated items comprising chippings, Proprietary coloured safety sports

surfacings (wet-pour) and associated items comprising logos, patterns, graphics. Metal

fencing comprising chain link, anti-intruder chain link, steel palisade security, roll-top, rigid

mesh panel, steel ball-stop and rotating barrier, and associated items comprising straining

posts and single and double gates (excluding work to old fencing) copper cabling comprising

HV/LV cables, standard power cables 600/1000V, armoured and armoured: fire resistant,

sizes exceeding 500mm² one core, 185mm² two core, 120mm² three core and 95mm² four

core (Rate A only) Copper cabling comprising HV/LV cables: standard power cables

1900/3300V, armoured, sizes exceeding 150mm² one core and 120mm² two core (Rate A

only)

Regulation 72(1)(b) further permits this extension as a change of provider:

(i) cannot be made for economic and technical reasons as requirements of interchangeability

or interoperability of services procured under the original procurement and given the need to

ensure continued access to EANI schools and facilities and could result in partial/total

closure of schools; and

(ii) will cause significant inconvenience and duplication of costs.

EANI envisages new contract award by 30/09/23.

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: 16 000 000.00 Currency: GBP

Total contract value after the modifications

Value excluding VAT: 22 000 000.00 Currency: GBP