70359, Disposable Catering Products for the Education Authority

CPV: Disposable catering supplies

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Goods

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

28 Feb 2022, 14:55 GMT

Last source update

28 Feb 2022, 14:55 GMT

FTS notice number

2022/S 000-005438

Classification (CPV)

Disposable catering supplies

Delivery area

UKNorthern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-031bda Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Framework Agreement set out in OJEU Contract Notice was entered into by EANI as per the published Contract Award Notice (Framework Agreement). The Framework Agreement was initially for a term ending 31 August 2019, with the option to extend for a further period of up to twelve months, followed by an optional extension period of up to twenty-four months. It was however agreed in June 2019 that the Framework Agreement be extended until 31 August 2020 and then further agreed in June 2020 that it be further extended until 31 August 2022 (Expiry).

EANI intended to commence a new procurement exercise in January 2022. However, the new procurement exercise has been delayed due to Covid-19. Particularly, EANI has experienced a significant reduction in staffing resources at extremely short notice and has therefore been unable to finalise the tender. Given the uncertainty surrounding Covid-19, it is unclear when EANI will be able to commence the new procurement.

EANI anticipates the new contract commencement will be 1 April 2023, with services extended under the current Framework Agreement until then. However, due to Covid-19, contract commencement may be further delayed, with EANI having the option to further extend the Framework Agreement, in its absolute discretion, until 31 July 2023.

The extension value is up to a maximum of circa 612,500 GBP.

Further additional services until the commencement of the new framework agreement, which were not included in the original procurement, 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. Namely, the Covid-19 pandemic. Covid-19 has delayed the new procurement exercise commencing, with such circumstances, and the ensuing delay, entirely unforeseeable by EANI. It is also unknown and unforeseeable when the Covid-19 pandemic will conclude. Accordingly, an extension is required in order to allow a procurement exercise to be carried out and to ensure continuity of service until the new framework agreement commences;

(ii) The modification does not alter the overall nature of the contract. Other than the term of the Framework Agreement being extended to allow the new procurement to be concluded, the nature of the Framework Agreement is not being amended; and

(iii) Any increase in price does not exceed 50% of the value of the original contract or framework agreement. As the extension is estimated to be up to a maximum of 612,500 GBP, it does not exceed 50% of the value of the original Framework Agreement.

• Henderson Foodservice LtdAwarded supplier Newtownabbey, UKContact emailShow contact details

No document links were published on the notice.