Section one: Contracting authority/entity
one.1) Name and addresses
Northern Ireland Housing Executive
2 Adelaide Street
Belfast
BT2 8BP
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://etendersni.gov.uk/epps
Buyer's address
https://etendersni.gov.uk/epps
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
CT0102 - DLO Minor Works
two.1.2) Main CPV code
- 45210000 - Building construction work
two.1.3) Type of contract
Works
two.1.4) Short description
The Contracting Authority has appointed Contractors for the provision of comprehensive minor works following a competitive procurement Competition.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £4,911,105
two.2) Description
two.2.1) Title
Belfast
Lot No
1
two.2.2) Additional CPV code(s)
- 45200000 - Works for complete or part construction and civil engineering work
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
two.2.4) Description of the procurement
The Contracting Authority has appointed a Contractor for the provision of comprehensive minor works in this lot following a competitive procurement Competition.
two.2.11) Information about options
Options: Yes
Description of options
The Contracting Authority has the option, at its sole discretion, to extend the service period for a further two periods of up to 12 months or part thereof. For the avoidance of doubt, such an extension of the contract shall not be taken as any indication that any Task Orders/Job Requests will be raised during the extended term.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
This contract was awarded on 21st December 2021 following a competitive procurement process conducted on eTendersNI. The modification communicated to the market within this Voluntary Ex Ante Transparency Notice does not apply to the value of lot 1 Belfast.
two.2) Description
two.2.1) Title
South Portadown and Craigavon
Lot No
2
two.2.2) Additional CPV code(s)
- 45200000 - Works for complete or part construction and civil engineering work
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
two.2.4) Description of the procurement
The Contracting Authority has appointed a Contractor for the provision of comprehensive minor works in this lot following a competitive procurement Competition.
two.2.11) Information about options
Options: Yes
Description of options
The Contracting Authority has the option, at its sole discretion, to extend the service period for a further two periods of up to 12 months or part thereof. For the avoidance of doubt, such an extension of the contract shall not be taken as any indication that any Task Orders/Job Requests will be raised during the extended term.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
This Lot Contract was awarded on 21st December 2021 following a competitive procurement process conducted on eTendersNI. The Contracting Authority intends to exercise its right under Regulation 72 (1)(c) of the Public Contract Regulations 2015 to modify the total value of this Lot Contract (£741,750) by 50% (+ £370,875). This means the total value of the Lot Contract will now be £1,112,625. The Contracting Authority does not consider this modification to alter the overall nature of the Contract. Refer to 'Annex D1 – General procurement' within this notice for details.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
The Contracting Authority awarded each Lot Contract detailed herein on 21st December 2021 following a competitive procurement process conducted on eTendersNI. The Contracting Authority extended each Lot Contract on 18th August 2022. Each Lot Contract is now due to expire at midnight on 5th January 2024.
Unprecedented industrial action commenced after the Contracting Authority applied the extension. The industrial action is causing a significant reduction of available key personnel within the workforce of the Contracting Authority's Direct Labour Organisation's (the "DLO") to undertake the statutory response maintenance works. Mamo Building Services Ltd ("Mamo") agreed to provide backup support at the start of the industrial action in September. The additional expenditure associated with this backup support provision is projected to breach the total value specified in the original Contract Award Notice of Lot Contract (Lot 2 'South (Portadown and Craigavon)), in which Mamo are the incumbent Contractor, in early 2023 before the current expiry date. The provision of this requirement is critical to enable the Contracting Authority to discharge its statutory housing duty. The DLO explored and subsequently discounted potential options intended to mitigate the risk of an intolerable gap in these essential works. The Contracting Authority therefore intends to exercise its right under Regulation 72(1)(c) of the Public Contract Regulations 2015 to modify the total value of Lot Contract: Lot 2 South (Portadown and Craigavon) in which Mamo are the incumbent Contractor. The proposed modification shall increase the total value of Lot 2 South (Portadown and Craigavon) by 50% (+ £370,875) from the original value of £741,750 (as shown in the section V.2.4 of the Contract Award Notice) to £1,112,625. For the avoidance of doubt, the modification relates to the total value of Lot 2 South (Portadown and Craigavon). The value of Lot 1 Belfast is not being modified. DLO plans for the modified value of Lot 2 'South (Portadown and Craigavon) to enable works to continue until approximately April 2023, unless the industrial action is extended, in which case the modified total value may spend out much quicker. The Contracting Authority therefore anticipates current Lot Contracts: Lot 1 Belfast and Lot 2 Lot 2 'South (Portadown and Craigavon) of CT0102 may come to an end before their extended expiry dates but prior to the start of the replacement contract(s).
DLO only received confirmation of the industrial action, and the associated duration, nine days before industrial action commenced. The Contracting Authority has never before experienced industrial action of this magnitude, the duration of which is well outside the norm and completely unforeseeable (September - ongoing at time of publication of this notice). This modification does not materially alter the nature of the contract, nor does it introduce any conditions that would have allowed for the admission or acceptance of a different tender. Furthermore, the modification does not exceed 50% of the value of the original contract.
No change to the scope of works required within the contract will occur during the contract period. The works associated with the additional expenditure are necessary to prevent a catastrophic stoppage of works by sustaining a compliant mechanism enabling Mamo to continue delivering this statutory, strategically critical requirement whilst the Contracting Authority undertakes a compliant procurement project for replacement Minor Works contracts (which is expected to be advertised in the new year)
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2022/S 000-000296
Section five. Award of contract/concession
Lot No
2
Title
South (Portadown and Craigavon)
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
21 December 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
MAMO BUILDING SERVICES LIMITED
18 Ballyards Road, Milford, Armagh
Armagh
BT60 3NS
paddy@mamobuildingservices.com
Telephone
+44 02837526331
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
https://etendersni.gov.uk/epps
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £750,000
Total value of the contract/lot/concession: £1,112,625
Section six. Complementary information
six.3) Additional information
The value specified in section II.1.7) Total value of the procurement in field: 'Value excluding VAT' (£4,911,105.00) is the total value of the original procurement (both Lots) with no modification applied and was shown in the original Contract Award Notice. The original total value of Lot 2 South (Portadown and Craigavon) (£741,750.00) was specified in the original Contract Award Notice and has been modified as explained in this Voluntary Ex Ante Transparency Notice. The total value of the Lot 1 Belfast as disclosed in the original Contract Award Notice is: £4,169,355. The value shown herein at section V.2.4) Information on value of the contract/lot/concession (excluding VAT) in field 'Total final value of the contract/lot/concession' is the modified value for Lot 2 South (Portadown and Craigavon). The combined total of Lot 1 Belfast and the modified total of Lot 2 South (Portadown and Craigavon) is £5,281,980.
six.4) Procedures for review
six.4.1) Review body
Royal Courts of Justice
Chichester Street
Belfast
Country
United Kingdom