Section one: Contracting authority/entity
one.1) Name and addresses
the Education Authority
40 Academy Street
Belfast
BT1 2NQ
facilities.procure@eani.org.uk
Country
United Kingdom
Region 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
Provision of Planned and Responsive Maintenance and Minor Works - Omagh M&E Lot 1
Reference number
Omagh M&E Lot 1
two.1.2) Main CPV code
- 45210000 - Building construction work
two.1.3) Type of contract
Works
two.1.4) Short description
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 a Term Service Contract for Maintenance (M&E) and Minor Works in the Western Education and Library Board area (Area 1), Contract Lot 3 as further described in OJEU Contract Noticeand as outlined in the previous VEAT issued 28 May 2021, 15 April 2022, 13 December 2022, 7 September 2023, 27 October 2023, 8 February 2024, 28 March 2024 and 20 September 2024.
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: £4,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
two.2.4) Description of the procurement
Provision of Planned Maintenance and Response Works for EANI across its property portfolio in the old Western Education and Library Board area, Contract Lot 3 which includes but is not limited to controlled and uncontrolled schools.
two.2.11) Information about options
Options: Yes
Description of options
The previous VEAT Notice 2024/S 000-030213 published on 20 September 2024 detailed EANI’s intention to apply a further uplift to the value of the contract of 4,000,000.00 GBP which did not exceed 50 % of the original contract value. EANI are now required to further increase the value of this contract. The overall nature of contract is not altered and the Modification value does not exceed 50 % of original contract value.
The total value of the extension is 4,000,000.00GBP.
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:
It has become necessary for EANI to further increase the value of this contract as additional expenditure has been incurred due to an unforeseen additional budget release by which the consequent additional funding facilitated the performance of additional works and the unforeseen demand particularly in respect of response works and for works to accommodate children with Special Education Needs. An unprecedented rise in statutory compliance works and reactive maintenance works that EANI were obligated to undertake has resulted in substantial expenditure.
Furthermore, it was anticipated at the time of publication of the previous VEAT Notice that EANI would have awarded another tender by the date hereof. It was expected this tender award would have resulted in a decreased demand in respect on this contract, however due to unforeseen circumstance, the award has been delayed. Whilst it is anticipate EANI will make the award in the coming weeks, the delay has placed further demand on this contract and necessitated a further uplift of the contract value.
Additionally, the unexpected and recent withdrawal of the contractor responsible for ‘Ballymena M&E Lots 1 and 2’ has necessitated the reallocation of certain works to this Contract. Works that were originally intended to be carried out under a separate contract shall now be performed under this contract. While this reallocation has not yet caused any immediate financial pressure, it is highly anticipated and in order to pre-empt this significant additional cost, resulting from the reallocation of works to this Contract, it is crucial that a further uplift is applied to the contract value. By doing so, the financial impact of these works can be managed effectively, without causing disruptions to the overall project delivery.
These factors, combined with the continued effect of inflation which were not anticipated at the time of the original Contract Notice or subsequent VEAT Notices, has precipitated a more rapid consumption of the value of the contract stated in the previous VEAT Notice.
The total value of the extension is 4,000,000.00 GBP which does not exceed 50 % of the original contract value. This uplift is applied in addition to the 4,000,000 GBP uplift applied and detailed in the preceding VEAT Notice 2024/S 000-030213 published on 20 September 2024.
The uplift to the contract value also being sought as a precautionary measure to ensure continued service delivery of the SEN placement programme and in particular the potential of further ongoing response maintenance works as may be required before the contract expiry.
Regulation 72(1)(c) permits this increase in value of the Contract, due to unforeseen circumstances which a diligent contracting authority could not have foreseen. In addition the overall nature of the contract is not altered and Modification value is GBP 4 000 000 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)).
In order to provide continued access to schools and the scale, complexity and nature of the construction works and possible duplication of costs it is not possible to change the current provider. Regulation 72(1)(b) further permits this 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 no later than 31/08/25.
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
17 February 2025
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
Irwin ME Ltd
Portadown
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
Internet address
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £4,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions
Belfast
Country
United Kingdom