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
CAT-19-013 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:
For the Supply and Delivery of Frozen Food Products to EA Catering Units/Kitchens or other locations within Northern for the period 1 August 2021 to 31 July 2022 with the option to extend for two further periods of 12 months
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
36
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-19-015
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
30 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
Henderson Food Service
Belfast
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: £21,879,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The UK does not currently have 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 Supply of Frozen Food Products to the Education Authority N.Ireland
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
1 August 2021
End date
31 January 2025
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£32,424,984
seven.1.7) Name and address of the contractor/concessionaire
Henderson Food Service
Belfastt
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):
Modification to extend the contract period by an additional 3 months (01s November 2024-31st January 2025) and an additional £3,670,184.14 added to the maximum contract 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:
Modification to the framework is necessary to ensuring ongoing service provision and to facilitate the procurement of essential frozen food products required to serve meals until the commencement of a new arrangement is in place. 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 need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; There is currently a new tender process for the re procurement of Frozen Foods which it was anticipated would be completed by 30th June 2024 with a view to a new
contract start date of 1st August 2024. However, there has been a delay in the evaluation which is outside of EA’s control. The supplies are required by schools and therefore require this short modification to term of 3 months to ensure no break in service. The additional 3 months is within the timeframes permissible under the Regulation 72
(ii) the modification does not alter the overall nature of the contract;
The proposed modification does not impact the overall nature of the contract, it remains to be there to supply frozen food products.
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
The awarded value of the original Framework was £21,879,000 GBP. Previous modifications have increased this figure to £28,754,800. This modification of £3,670,184.14 represents 16.77% of the awarded value which is less than 50% which is permissible.
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: £28,754,800
Total contract value after the modifications
Value excluding VAT: £32,424,984