Section one: Contracting authority/entity
one.1) Name and addresses
Education Authority NI
Omagh office, Campsie House, 1 Hospital Road
Omagh
BT79 0AW
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
https://etendersni.gov.uk/epps
Buyer's address
https://etendersni.gov.uk/epps
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Education
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
70359, Disposable Catering Products for the Education Authority
two.1.2) Main CPV code
- 39222100 - Disposable catering supplies
two.1.3) Type of contract
Supplies
two.1.4) Short description
The award of a framework agreement 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 provision of Disposable Catering Products for EANI 70359 as further described in OJEU Contract Notice.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £612,500
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
- UK - United Kingdom
two.2.4) Description of the procurement
Supply and Delivery of Disposable Catering Products to individual educational establishments within the Northern Ireland Education Authority Regions.
two.2.5) Award criteria
Quality criterion - Name: As stated in tender documentation / Weighting: 30
Cost criterion - Name: As stated in tender documentation / Weighting: 70
two.2.11) Information about options
Options: Yes
Description of options
An extension until 30 April 2023, with the further option for EANI, in its absolute discretion, to extend for up to a further three month period until 31 July 2023 at the latest.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
The Framework Agreement set out in OJEU Contract Notice was entered into by EANI as per the published Contract Award Notice (Framework Agreement). The Framework Agreement was initially for a term ending 31 August 2019, with the option to extend for a further period of up to twelve months, followed by an optional extension period of up to twenty-four months. It was however agreed in June 2019 that the Framework Agreement be extended until 31 August 2020 and then further agreed in June 2020 that it be further extended until 31 August 2022 (Expiry).
EANI intended to commence a new procurement exercise in January 2022. However, the new procurement exercise has been delayed due to Covid-19. Particularly, EANI has experienced a significant reduction in staffing resources at extremely short notice and has therefore been unable to finalise the tender. Given the uncertainty surrounding Covid-19, it is unclear when EANI will be able to commence the new procurement.
EANI anticipates the new contract commencement will be 1 April 2023, with services extended under the current Framework Agreement until then. However, due to Covid-19, contract commencement may be further delayed, with EANI having the option to further extend the Framework Agreement, in its absolute discretion, until 31 July 2023.
The extension value is up to a maximum of circa 612,500 GBP.
Further additional services until the commencement of the new framework agreement, which were not included in the original procurement, have become necessary and are permitted by Regulation 72(1)(c) of The Public Contacts Regulations 2015. Namely, the following conditions have been fulfilled:
(i) The need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen. Namely, the Covid-19 pandemic. Covid-19 has delayed the new procurement exercise commencing, with such circumstances, and the ensuing delay, entirely unforeseeable by EANI. It is also unknown and unforeseeable when the Covid-19 pandemic will conclude. Accordingly, an extension is required in order to allow a procurement exercise to be carried out and to ensure continuity of service until the new framework agreement commences;
(ii) The modification does not alter the overall nature of the contract. Other than the term of the Framework Agreement being extended to allow the new procurement to be concluded, the nature of the Framework Agreement is not being amended; and
(iii) Any increase in price does not exceed 50% of the value of the original contract or framework agreement. As the extension is estimated to be up to a maximum of 612,500 GBP, it does not exceed 50% of the value of the original Framework Agreement.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
12 October 2018
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Henderson Foodservice Ltd
Newtownabbey
dermot.mcpeake@henderson-group.com
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £612,500
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Education Authority
Omagh
Country
United Kingdom