Contract

Provision of Planned and Responsive Maintenance and Minor Works - Omagh M&E Lot 2

  • the Education Authority

F20: Modification notice

Notice identifier: 2024/S 000-018816

Procurement identifier (OCID): ocds-h6vhtk-04389b

Published 18 June 2024, 4:57pm



Section one: Contracting authority/entity

one.1) Name and addresses

the Education Authority

40 Academy Street

Belfast

BT1 2NQ

Email

facilities.procure@eani.org.uk

Country

United Kingdom

Region code

UKN - Northern Ireland

Internet address(es)

Main address

https://etendersni.gov.uk/epps

Buyer's address

https://etendersni.gov.uk/epps


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 2

Reference number

Omagh M&E Lot 2

two.1.2) Main CPV code

  • 45210000 - Building construction work

two.1.3) Type of contract

Works

two.2) Description

two.2.3) Place of performance

NUTS codes
  • UKN - Northern Ireland

two.2.4) Description of the procurement at the time of conclusion of the contract:

Provision of Planned Maintenance and Response Works for EANI across its property

portfolio in the old Western Education and Library Board area, Contract Lot 4 which includes

but is not limited to controlled and uncontrolled schools.

two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession

Start date

19 June 2024

End date

31 August 2025

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: 2024/S 000-010437


Section five. Award of contract/concession

Contract No

2024/S 000-010437

Title

Provision of Planned and Responsive Maintenance and Minor Works - Omagh M&E Lot 2

five.2) Award of contract/concession

five.2.1) Date of conclusion of the contract/concession award decision:

28 March 2024

five.2.2) Information about tenders

The contract/concession has been awarded to a group of economic operators: No

five.2.3) Name and address of the contractor/concessionaire

CHC Group Ltd

Craigavon

Email

info@chcltd.com

Country

United Kingdom

NUTS code
  • UKN - Northern Ireland
Internet address

http://www.chcltd.com/

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: £4,000,000


Section six. Complementary information

six.3) Additional information

It has become necessary for EANI to further increase the value and extend the period of this contract to 31 August 2025. EANI published VEAT Notice 2024/S 000-004327 on 8 February 2024 detailing their intention to extend to the value and time of the Contract. This was required 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. 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. . This extension of the contract is also required due to delays in the ongoing procurement process, which has had the ramification of consequent delays on the next phases of the procurement, which could not have been reasonably foreseen and which has resulted in the requirement to increase the value and period of this contract. . In addition to extending the value and time of the Contract, EANI issued a further VEAT Notice 2024/S 000-010437 dated 28 March 2024 outlining their intention, upon receipt of compelling evidence, to consider the review of certain prices in the price lists for specific elements of which the impact of inflation is higher than what could have reasonably and diligently anticipated. The overall nature of contract is not altered. The relevant percentage indices to be applied in respect of each exceptional item are set out in the previously published VEAT Notice 2024/S 000-010437. . In applying for a price uplift in respect of these Exceptional items, the Contractor will have the choice to either claim the rates in the Price List applying the appropriate indexation percentage or claim under the Defined Costs. If the price of an Exceptional Item has been previously agreed, the Contractor may continue to claim at this rate. The Contractor is not required to produce evidence if they do not wish to avail of the Defined Costs. . Regulation 72(1)(c) permits the above modifications, including the change to the uplift mechanism for exceptional items, the increase in value of the Contract and the extension 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)). . 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. . 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 and the contract extension shall permit the contracting authority to terminate the contract before this date upon the provision of three months’ notice..

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


Section seven: Modifications to the contract/concession

seven.1) Description of the procurement after the modifications

seven.1.1) Main CPV code

  • 45210000 - Building construction work

seven.1.3) Place of performance

NUTS code
  • UKN - Northern Ireland

seven.1.4) Description of the procurement:

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 4 as further described in OJEU Contract Notice and 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 and 28 March 2024.

seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession

Start date

19 June 2024

End date

31 August 2025

seven.1.6) Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot/concession:

£4,000,000

seven.1.7) Name and address of the contractor/concessionaire

CHC Group Ltd

Craigavon

Email

info@chcltd.com

Country

United Kingdom

NUTS code
  • UKN - Northern Ireland
Internet address

http://www.chcltd.com/

The contractor/concessionaire is an SME

Yes

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):

The previous VEAT 2024/S 000-004327 issued on 8 February 2024 extended this contract until 31 August 2025 with an option for the EANI to terminate, at its sole discretion, the contract by providing the contractor with written notice of its intention to terminate the contract. The VEAT also detailed an increase to the value of the contract of 4,000,000.00 GBP which does not exceed 50 % of the original contract value.

This Notice concerns the above modifications along with the previous VEAT Notice 2024/S 000-010437 issued on 28 March 2024 detailing EANI’s intention, upon receipt of compelling evidence, to consider the review of certain prices in the price lists for specific elements of which the impact of inflation is higher than what could have reasonably and diligently anticipated.

The overall nature of contract is not altered.

The total value of the extension is 4,000,000.00GBP.

Further information in VI.3

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:

See information in section VI.3 Additional Information

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: £26,500,000

Total contract value after the modifications

Value excluding VAT: £30,500,000