Section one: Contracting authority/entity
one.1) Name and addresses
The Education Authority N.Ireland
40 Academy Street
Belfast
BT1 2NQ
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
Frozen Food Products
Reference number
CAT-19-013
two.1.2) Main CPV code
- 15800000 - Miscellaneous food products
two.1.3) Type of contract
Supplies
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 provision of Frozen Food Products for EANI. CAT-19-013.
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: £46,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
Main site or place of performance
UKN
two.2.4) Description of the procurement
Supply of Frozen Foods Products to the Education Authority N.Ireland
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 20
Price - Weighting: Price
two.2.11) Information about options
Options: No
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:
A modification to the value of the Framework Agreement for Frozen Food Products (CAT 19 013) by 20% is necessary to cover anticipated orders to the remaining contract period (until 31 July 2024).
These requirements 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.
The following issues that could not have been predicted and have impacted on costs and therefore increased spend under the current Framework:
- Hyper food inflation experienced as a result of the conflict in Ukraine which has impacted supply on European products.
- Much higher than anticipated energy prices that impacted all processing, production, and transportation of goods.
- Increased costs due to farming pressures and weather creating stock shortages.
(ii) the modification does not alter the overall nature of the contract;
The proposed modification does not impact the overall nature of the agreement, it remains to be there to supply frozen food products to schools.
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
The upper estimate of the original Framework was £21,879,000 GBP, this modification is for an additional £4,375,800 (20%) which is less than 50% of the original maximum value.
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: 2021/S 000-018224
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
2 June 2024
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
Hendersons Food Service
Belfast
BT364RT
Dermot.McPeake@henderson-group.com
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
https://www.henderson-foodservice.com/
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: £4,375,800
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The UK does not currently have any such bodies with responsibilities for appeal/mediation procedures
Belfast
Country
United Kingdom