Section one: Contracting authority/entity
one.1) Name and addresses
Welsh Government - Commercial Delivery
T’yr Afon, Bedwas Road
Caerphilly
CF83 8WT
commercialprocurement.buildings@gov.wales
Country
United Kingdom
NUTS code
UKL - Wales
Internet address(es)
Main address
https://gov.wales/public-sector-procurement
Buyer's address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA27760
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
WGCD Adverse Weather Forecasting Service Framework
Reference number
WGCD-BU-114-22
two.1.2) Main CPV code
- 71351600 - Weather-forecasting services
two.1.3) Type of contract
Services
two.2) Description
two.2.2) Additional CPV code(s)
- 71351600 - Weather-forecasting services
two.2.3) Place of performance
NUTS codes
- UKL - Wales
two.2.4) Description of the procurement at the time of conclusion of the contract:
This modification notice relates to an increase in the original contract value of the WGCD Adverse Weather Forecasting Services Framework. These services are required to manage and operate the road network in Wales during adverse weather conditions.
The modification is being made by the Welsh Government's Commercial Delivery Division (WGCD). The WGCD acted on behalf of the Welsh public sector to establish a collaborative framework agreement for Adverse Weather Forecasting Services.
Key customers for this agreement are the Welsh Government and its trunk road agencies; and the majority of Welsh local authorities but the agreement can be used by any eligible Welsh public sector or third-party organisations.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
48
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.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2022/S 022-120643
Section five. Award of contract/concession
Contract No
WGCD-BU-114-22
Title
WGCD Adverse Weather Forecasting Service Framework
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
11 July 2022
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
DTN LLC
11400 Rupp Dr, New Street
Burnsville
55337
Telephone
+44 8004754755
Country
United States
NUTS code
- US - United States
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
MetDesk
Hale Court, Hale Road, Wendover
Aylesbury
HP226NJ
Telephone
+44 7903005034
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £1,650,000
Section six. Complementary information
six.3) Additional information
(WA Ref:141522)
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079477501
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
Welsh Government Commercial Delivery Division
T’yr Afon, Bedwas Road
Caerphilly
CF83 8WT
commercialprocurement.buildings@gov.wales
Country
United Kingdom
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 71351600 - Weather-forecasting services
seven.1.3) Place of performance
NUTS code
- UKL - Wales
Main site or place of performance
Wales
seven.1.4) Description of the procurement:
This modification notice is to increase the contract value of the WGCD Adverse Weather Framework Agreement. This agreement covers the provision of adverse weather forecasting services and related services which are critical to the safe management and operation of the road network in Wales.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
48
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£1,650,000
seven.1.7) Name and address of the contractor/concessionaire
METDESK LTD
METDESK LTD, 3 Station Approach
Wendover
HP226BN
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
seven.1.7) Name and address of the contractor/concessionaire
DTN LLC
11400 Rupp Dr, New Street
Burnsville
55337
Country
United States
NUTS code
- US - United States
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
This modification is to increase the published contract value of the WGCD Adverse Weather Forecasting Services Framework by 550,000 GBP
Explanation:
The Adverse Weather Forecasting Services Framework will reach the end of its four year term in September 2026. This modification will ensure that the framework spend remains complaint within the published contract value over the remaining duration of the framework. The modification will ensure continuity of supply of services that are critical to the safe operation of the Welsh road network.
The modification to the Framework is permissible under Regulation Reg 72 (1) (c) Public Contracts Regulations 2015. Under this Regulation amendments can be made to the framework if the following conditions are met:
(i) the need for the modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
Our assessment has concluded that these conditions have been met as follows:
(i) there has been greater customer usage of the framework than was originally estimated following pre-tender stakeholder engagement which the WGCD could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) the increase of 550,000 GBP does not exceed 50% of the original framework value
seven.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:
The WGCD undertook significant customer engagement with its established category forum group and analysis of historical spend data on the previous iteration of the WGCD Adverse Weather Forecasting Services Framework in order to agree the estimated original contract value as detailed in the tender award notice. However customer usage of the framework has been greater than the original estimate which the WGCD could not have foreseen. As such this modification is required to ensure that the framework spend remains complaint within the published contract value over the remaining duration of the framework.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £1,100,000
Total contract value after the modifications
Value excluding VAT: £1,650,000