Section one: Contracting authority/entity
one.1) Name and addresses
the Education Authority
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
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.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:
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.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
26 June 2024
End date
31 July 2024
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: 2021/S 000-018224
Section five. Award of contract/concession
Contract No
CAT-19-013
Title
Frozen Food Products
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
31 July 2020
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
Hendersons Food Service
Belfast
BT364RT
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
Internet address
https://www.henderson-foodservice.com/
The contractor/concessionaire is an SME
No
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: £26,254,800
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
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 15800000 - Miscellaneous food products
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 provision of Frozen Food Products for EANI. CAT-19-013.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
24 June 2024
End date
31 July 2024
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£26,254,800
seven.1.7) Name and address of the contractor/concessionaire
Hendersons Food Service
Belfast
BT364RT
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
Internet address
https://www.henderson-foodservice.com/
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):
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.
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:
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.
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: £21,879,000
Total contract value after the modifications
Value excluding VAT: £26,254,800