Section one: Contracting authority/entity
one.1) Name and addresses
Education Authority NI
Ballee Road West
BALLYMENA
BT42 2HQ
facilities.procure@eani.org.uk
Country
United Kingdom
NUTS 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
Provision of Planned and Responsive Maintenance and Minor Works, Omagh Building Lot 2
Reference number
Omagh Building 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
- UK - United Kingdom
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 continued provision of a Term Service Contract for Building Maintenance and Minor Works in the old Western Education and Library Board area (Area 2), Contract Lot 4 as further described in OJEU Contract Notice 2013-085318
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
2 September 2021
End date
31 May 2022
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 105-278056
Section five. Award of contract/concession
Contract No
Omagh Building Lot 2
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
28 May 2021
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
Woodvale Construction Compan Ltd
OMAGH
info@woodvaleconstruction.co.uk
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
https://woodvaleconstruction.co.uk/
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: £3,050,000
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
BALLYMENA
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
- UK - United Kingdom
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 Building Maintenance and Minor Works in the old Western Education and Library Board area (Area 2), Contract Lot 4 as further described in OJEU Contract Notice 2013-085318
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
1 September 2021
End date
31 May 2022
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£3,050,000
seven.1.7) Name and address of the contractor/concessionaire
Woodvale Construction Company Ltd
OMAGH
info@woodvaleconstruction.co.uk
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
https://woodvaleconstruction.co.uk/
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):
Provision of Planned Maintenance 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. An extension to 30 November 2021, with the further option for EANI, in its absolute discretion, to extend for up to two further periods of 4 months until 31 March 2022 and 2 months until 31 May 2022 at the latest. The total value of the extension is 3,050,000 GBP (being 1,400,000 GBP until 30-11-2021; 1,075,000 GBP until 31-03-2022; and 575,000 GBP until 31-05-2022). Further information in section VII.2.2 below.
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 Contract was for 1year with an option to extend up to a further 3years. Due to delays in re-procuring, Covid-19 and litigation, the Contract was extended on a number of occasions culminating in VEAT (2020/S 127-312039) until 30-06-2021.EANI have underspent under each VEAT.
Due to being unable to resolve the 9 sets of proceedings in respect of the re-procurement it has become necessary to seek a further unavoidable extension. EANI anticipates awarding the new Contract by 30-11-2021.Optional extensions are to allow for unforeseen circumstances. Successive modifications were not to circumvent Part 2 of PCR2015, rather they have become necessary due to the relevant circumstances.
The 11month modification value is circa £3,050,000, which does not exceed 50% of the upper range of the original contract value. 50% of the value accounts for contingency due to the unknown volume of emergency work that may be required. Within such contingency also includes sums to permit work in other Lots as required. To secure continuity of service, as the contractor can no longer hold its price due to Covid-19 and/or Brexit, Task Orders issued on/after 01-07-2021 will be adjusted for inflation, calculated with the BCIS Measured Term Contract Updating Percentages. Inflation from mid-point of original contract to 31-03-2021is: PSA SOR BCE09 16.5pct applies to Sections 1, 2, 4, 5 and 6 of Price List; PSA SOR DEC08 16.8pct applies to Section 7 Item OT070. Inflation after 01.04.21 will be change in BCIS MTC Updating Percentages from 31.03.21 indices, based on TO issue date/latest published index.
The proposed extended term and inflationary price uplift are permitted by Regulation72(1)(c) as the need for additional services from the original contractor is due to the ongoing the litigation which could not have been foreseen and/or avoided by a diligent contracting authority and the modification does not alter the overall nature of the contract. In the alternative they are permitted by Regulation72(1)(b) as a change of provider: (i) cannot be made for economic and technical reasons such as requirements of interchangeability or interoperability of services procured under the original procurement given the need to ensure continued access to EANI schools and facilities. Given new contract commencement will be 01-12-2021 or asap thereafter, commencement of a new contractor twice in a short time period, especially in the current climate, would create risk to stability and integrity of services, be unsettling for users and could result in partial/total closure of schools and associated facilities; and (ii) would cause significant inconvenience and duplication of costs for EANI. Any new contractor would have start-up costs in recreating the current service for an unknown time period, which would represent poor VFM, compared to extending the Contract. The inflationary increases are necessary to secure the agreement of the original contract to continue provision of the services given that the contract prices have been fixed for a considerable period. In respect of carrying out work in other Lots, this is permitted under the terms of the Contract and so permissible under Regulation72(1)(a).
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: £13,750,000
Total contract value after the modifications
Value excluding VAT: £16,800,000