Awarded contract

Provision of Planned and Response Maintenance and Minor Works - Ballymena M&E Lot 2

  • Education Authority NI

F20: Modification notice

Notice reference: 2021/S 000-021635

Published 1 September 2021, 2:55pm



Section one: Contracting authority/entity

one.1) Name and addresses

Education Authority NI

40 Academy Street

Belfast

BT1 2NQ

Email

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

https://etendersni.gov.uk/epps


Section two: Object

two.1) Scope of the procurement

two.1.1) Title

Provision of Planned and Response Maintenance and Minor Works - Ballymena M&E Lot 2

Reference number

Ballymena 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:

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 Mechanical and Electrical Maintenance & Minor Works in the old North Eastern Education and Library Board area (Area 2), Contract Lot 2 as further described in the OJEU Contract Notice.

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 127-312043


Section five. Award of contract/concession

Contract No

Ballymena ME Lot 2

five.2) Award of contract/concession

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

1 July 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

LM Services NI Ltd

Belfast

Email

info@lmservicesni.com

Country

United Kingdom

NUTS code
  • UKN - Northern Ireland
Internet address

http://lmservicesni.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.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
  • 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 Mechanical and Electrical Maintenance & Minor Works in the old North Eastern Education and Library Board area (Area 2), Contract Lot 2 as further described in the OJEU Contract Notice.

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:

£4,000,000

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

LM Services NI Ltd

Belfast

Email

info@lmservicesni.com

Country

United Kingdom

NUTS code
  • UKN - Northern Ireland
Internet address

http://lmservicesni.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):

An extension to 30-11-2021, with the further option for EANI, in its absolute discretion, to extend for up to two further periods of 4 months until 31-03-2022 and 2 months until 31-05-2022 at the latest. The total value of the procurement is 4,000,000 GBP (being 1,800,000 GBP until 30-11-2021; 1,485,000 GBP until 31-03-2022; and 715,000 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 a number of times culminating in VEAT(2020/S 127-312043)until 30-06-2021.EANI have underspent under each VEAT.

Due to being unable to resolve the 9sets of proceedings relating to the re-procurement,it became necessary to seek a further unavoidable extension.EANI anticipates awarding the new Contract by30-11-2021.Optional extensions are to allow for unforeseen circumstances.Successive modifications were not to circumvent Part2of PCR2015,rather they became necessary due to the relevant circumstances.

The 11month modification value is circa £4,000,000,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.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 ELEC11 Rate A, Rate B/D/E, Rate C 12.6pct, 14.1pct and 13.9pct respectively, applies to Sections 1, 2, 3, 4 and 5 of Price List; Rate B/D/E applies to Section 3; PSA SOR MECH11 Rate A, Rate B/D/E, Rate C 20.7pct, 12.2pct and 13.9pct respectively, applies to Sections 1, 2 and 3; Rate B/D/E applies to Section 3; PSA SOR BCE09 14.3pct applies to Section 4 Item OT010.370 to 460. 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 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 be01-12-2021 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 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: £17,750,000