Section one: Contracting authority/entity
one.1) Name and addresses
Derry City & Strabane District Council
98 Strand Road
Derry
BT487NN
Contact
Colin Killeen
colin.killeen@derrystrabane.com
Telephone
+44 2871253253
Country
United Kingdom
Region code
UKN0A - Derry City and Strabane
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Maritime Museum Project Interpretative Designer ED-09-14
two.1.2) Main CPV code
- 92521100 - Museum-exhibition services
two.1.3) Type of contract
Services
two.1.4) Short description
The Maritime Museum and Archive Project is for a new museum to be located in existing listed buildings at Ebrington in Derry~Londonderry. Derry City and Strabane District Council is the Contracting Authority.
In 2015, following a Public Procurement Exercise for the Appointment of Maritime Museum Project Interpretative Designer for the delivery of the Maritime Museum and Archive Project, Tandem Design were the successful Economic Operator and were duly appointed for the provision of Interpretative design Services consultancy team professional consultancy services. Their tendered price was in the sum of £429,292.50. At the time of their appointment, it was anticipated that the project would be completed in 2019.
In 2018 the project was put on hold prior to the procurement of the Contractor, as it was awaiting funding. At that time, the Interpretative Designer had completed RIBA Stages 1-3 and part of RIBA Stage 4. Currently it is anticipated that the completion will be in 2026.
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: £494,292.5
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN0A - Derry City and Strabane
Main site or place of performance
Ebrington Derry ~ Londonderry
two.2.4) Description of the procurement
The Maritime Museum and Archive Project is for a new museum to be located in existing listed buildings at Ebrington in Derry~Londonderry. Derry City and Strabane District Council is the Contracting Authority.
In 2015, following a Public Procurement Exercise for the Appointment of Maritime Museum Project Interpretative Designer for the delivery of the Maritime Museum and Archive Project, Tandem Design were the successful Economic Operator and were duly appointed for the provision of Interpretative design Services consultancy team professional consultancy services. Their tendered price was in the sum of £429,292.50. At the time of their appointment, it was anticipated that the project would be completed in 2019.
In 2018 the project was put on hold prior to the procurement of the Contractor, as it was awaiting funding. At that time, the Interpretative Designer had completed RIBA Stages 1-3 and part of RIBA Stage 4. Currently it is anticipated that the completion will be in 2026.
Derry City and Strabane District Council, the Contracting Authority, intends that the Interpretative Designer appointed in 2015, complete the commission for which they were appointed.
The project has been adversely affected by the high rates of inflation during recent years. Neither the high rates of inflation nor the protracted period of standstill of the project could have been reasonably foreseen by the appointed consultant at the time of tendering for the project in 2015.
Derry City and Strabane District Council, the Contracting Authority, is minded to amend the contract with Tandem Design, by the introduction of the X1 clause to the NEC3 PSC to address the inflationary impact on fees for the remainder of the contract. It should be noted that the scope of the project has not significantly changed. The inflationary uplifts to the fees will increase the cost of the commission by approximately £65,000.
The scope of the project has not materially changed.
The original appointment was made using a NEC3 Option A Professional Services Contract which did not include an X1 Clause (Price Adjustment for inflation clause). At the time of appointment of Tandem Design, it was anticipated that the project would be complete by 2019. The anticipated completion date is currently 2026, some seven years later. During this time there have been unprecedented inflationary rises, reflected by the CPI figures in excess of 30%. In order to mitigate this significant increase, it seems reasonable to apply the X1 clause going forward for the remainder of the project.
The Contracting Authority is minded that the proposed change to the contract is in accordance with regulation 72 of the Public Procurement Regulations Contracts in .
The proposed change to the contract is compliant under part (1)b. The proposed change has been brought about circumstances which could not have been reasonably foresee, the modification does not alter the overall nature of the contract and the increases in price does not exceed 50% of the value of the original contract.
two.2.5) Award criteria
Quality criterion - Name: Methodology / Weighting: 21
Quality criterion - Name: Coordintation of Design with ICT / Weighting: 17.5
Quality criterion - Name: Resources / Weighting: 17.5
Quality criterion - Name: Programme / Weighting: 7
Quality criterion - Name: Cost Management / Weighting: 7
Price - Weighting: 30
two.2.11) Information about options
Options: 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:
Under Public Procurement Regulations 72, a Voluntary Ex- Ante Transparency VEAT notice is required to cover a variation to the contract between Derry City and Strabane District Council, the Contracting Authority and the Integrated Consultant Team (ICT) led by Todd Architects for the Maritime Museum Project in Derry~ Londonderry.
The Contracting Authority is publishing this VEAT Notice to cover variation to the contract and for additional tasks to be carried out necessary as a result of changes in legislation, lapses in statutory approvals. It should be noted that the scope of the original commission is not deemed to have changed.
In 2015, following a Public Procurement Exercise for the Appointment of Maritime Museum Project Interpretative Designer for delivery of the Maritime Museum and Archive Project, Tandem Design were the successful Economic Operator and were duly appointed for the provision of Interpretative design Services consultancy team professional consultancy services. Their tendered price was in the sum of £429,292.50. At the time of their appointment, it was anticipated that the project would be completed in 2019.
In 2018 the project was put on hold prior to the procurement of the Contractor, as it was awaiting funding. At that time, the Interpretative Designer had completed RIBA Stages 1-3 and part of RIBA Stage 4. Currently it is anticipated that the completion will be in 2026.
Derry City and Strabane District Council, the Contracting Authority, intends that the Interpretative Designer appointed in 2015, complete the commission for which they were appointed.
The project has been adversely affected by the high rates of inflation during recent years. Neither the high rates of inflation nor the protracted period of standstill of the project could have been reasonably foreseen by the appointed consultant at the time of tendering for the project in 2015.
Derry City and Strabane District Council, the Contracting Authority, is minded to amend the contract with Tandem Design, by the introduction of the X1 clause to the NEC3 PSC to address the inflationary impact on fees for the remainder of the contract. It should be noted that the scope of the project has not significantly changed. The inflationary uplifts to the fees will increase the cost of the commission by approximately £65,000.
The scope of the project has not materially changed.
The Contracting Authority is minded that the proposed change to the contract is in accordance with regulation 72 of the Public Procurement Regulations Contracts in .
The proposed change to the contract is compliant under part (1)b. The proposed change has been brought about circumstances which could not have been reasonably foresee, the modification does not alter the overall nature of the contract and the increases in price does not exceed 50% of the value of the original contract.
The Contracting Authority is of the opinion that had the X1 clause been included in the original tender, the tender selection would have remained unchanged. It would not have attracted additional participants to the tender process, nor would it have changed the candidates selected, nor the outcome of the tender selection.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2015/S 029-049104
Section five. Award of contract/concession
Title
Maritime Museum Project Interpretative Designer ED-09-14
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
15 October 2015
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
Tandem Design
6 High Street
Holywood
BT18 9AZ
Country
United Kingdom
NUTS code
- UKN06 - Belfast
Companies House
NI611887
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £494,292.5
Total value of the contract/lot/concession: £494,292.5
Section six. Complementary information
six.3) Additional information
Derry City & Strabane District Council will incorporate a standstill period at the point information on the award of the contract is communicated to suppliers by means of this VEAT notice. The Standstill period will be for a period of 10 calendar days expiring 12Midnight 30th May 2024
six.4) Procedures for review
six.4.1) Review body
The Royal Courts of Justice NI
Belfast
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
The Royal Courts of Justice NI
Belfast
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
As per PCR2015
six.4.4) Service from which information about the review procedure may be obtained
The Royal Courts of Justice NI
Belfast
Country
United Kingdom