Design Services for Strabane Public Realm - SCM ID: 082/13/SEC

CPV: Architectural and related services · Architectural, construction, engineering and inspection services · Engineering services

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

Services

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

24 Feb 2025, 09:00 GMT

Last source update

24 Feb 2025, 09:00 GMT

FTS notice number

2025/S 000-007046

Classification (CPV)

Architectural and related servicesArchitectural, construction, engineering and inspection servicesEngineering services

Delivery area

Northern Ireland (UKN0A)

Official registry OCID

ocds-h6vhtk-04e782 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Under PCR Reg 72, a Voluntary Ex- Ante Transparency VEAT notice is required to cover a variation to the contract between Derry City & Strabane District Council, the Contracting Authority and the Integrated Consultant Team (ICT) led by RPS for the Strabane Public Realm Project.

This VEAT Notice to cover variation to the contract & for additional tasks to be carried as a result of lapses in statutory approvals. It should be noted that the scope of the original commission is not deemed to have changed.

In November 2013, RPS were awarded the contract to deliver & manage Strabane Public Realm contract from Department of Finance's Pan Government Collaborative Framework Agreement for Integrated Consultant Teams Contract.

The contract value of this commission was £139,405.00 for provision of consultancy led professional services. With a completion date of March 2016.

In 2019 the project was put on hold following the completion of RIBA Stage D, awaiting funding.

In Sept2024 Funding is in place. Currently it is anticipated that the completion will be in 2027.

CA intends that the ICT appointed by Strabane District Council in 2013, complete the commission.

There have been a number of consequences as a result of the prolonged stand still of the project. During this time, the statutory approvals for the project have lapsed ie planning approval needing to be resubmitted for renewal, and other changes have occurred that could not have been reasonably been foreseen, have impacted the project.

Additionally, the project has been adversely affected by the high rates of inflation during recent years. Neither the high inflation nor the protracted standstill of the project could have been reasonably foreseen in 2013.

CA is minded to amend the contract with RPS, by utilising the X1 clause which is currently in the Contract Data Part 1 of the commission to address the inflationary impact on fees for the remainder of the contract.

The original appointment was made using a NEC3 Option A Professional Services Contract included an X1 Clause (Price Adjustment for inflation clause), however this had not been applied to any of the rates or activities within the contract to date. During this time there have been unprecedented inflationary rises. In order to mitigate this significant increase, it seems reasonable to apply the X1 clause going forward for the remainder of the project.

The CA is minded that the proposed change to the contract is in accordance with regulation 72 of the PCR. In this, it states that:

'Contracts may be modified without a new procurement procedure where the modifications , irrespective of their value , are not substantial in that (a) the modifications do not render the contract materially different from the one initially concluded, (b) the modification does not introduce conditions which had they been part of the initial procurement procedure , would have -

(i) allowed for the admission of other candidates than those initially selected,

(ii)allowed for the acceptance of a tender other than that originally accepted, or

(iii)attracted additional participants in the procurement procedure;'

Contracts & framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:-

(c)where all of the following conditions are fulfilled:-

(i)the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;

(ii)the modification does not alter the overall nature of the contract;

(iii)any increase in price does not exceed 50% of the value of the original contract or framework agreement.

The CA is of the opinion as the X1 clause has been included , the tender selection would have remained unchanged. It would not have attracted additional participants to the tender process, especially as the appointment was from a framework, nor would it have changed the candidates selected, nor the outcome of the tender selection.

Publisher note: Under Public Procurement Regulations 72, a Voluntary Ex- Ante Transparency VEAT notice is required to cover a variation to the contract between Derry City and Strabane District Council, the Contracting Authority and the Integrated Consultant Team (ICT) led by RPS for the Strabane Public Realm Project. The Contracting Authority is publishing this VEAT Notice to cover variation to the contract and for additional tasks to be carried out necessary as a result of lapses in statutory approvals. It should be noted that the scope of the original commission is not deemed to have changed. In November 2013, RPS were awarded the contract to deliver and manage the Strabane Public Realm contract from Department of Finance's Pan Government Collaborative Framework Agreement for Integrated Consultant Teams Contract. The contract value of this commission was £139,405.00 for provision of consultancy led professional services. It was anticipated at the time of tender works would be completed in March 2016. In 2019 the project was put on hold following the completion of RIBA Stage D, as it was awaiting funding. At that time, the ICT had completed RIBA Stages A-D. The project was on hold from 2019 until September 2024. Funding is now in place for the completion of the project. The original project completion was due in 2016. Currently it is anticipated that the completion will be in 2027. Derry City and Strabane District Council, the Contracting Authority, intends that the Integrated Consultant Team appointed by Strabane District Council in 2013, complete the commission for which they were appointed. There have been a number of consequences as a result of the prolonged stand still of the project. During this time, the statutory approvals for the project have lapsed such as the planning approval needing to be resubmitted for renewal, and other changes have occurred that could not have been reasonably been foreseen, that have impacted the project. Additionally, the project has been adversely affected by the high rates of inflation during recent years. Neither the high rates of inflation nor the protracted period of standstill of the project could have been reasonably foreseen by the appointed consultant at the time of tendering for the project in 2013. Derry City and Strabane District Council, the Contracting Authority, is minded to amend the contract with RPS, by utilising the X1 clause which is currently in the Contract Data Part 1 of the commission to address the inflationary impact on fees for the remainder of the contract. The scope of the project has not materially changed. The original appointment was made using a NEC3 Option A Professional Services Contract included an X1 Clause (Price Adjustment for inflation clause), however this had not been applied to any of the rates or activities within the contract to date. At the time of appointment of RPS, it was anticipated that the project would be complete by 2016. The anticipated completion date is now currently 2027, some nine years later. During this time there have been unprecedented inflationary rises. In order to mitigate this significant increase, it seems reasonable to apply the X1 clause going forward for the remainder of the project. The Contracting Authority is minded that the proposed change to the contract is in accordance with regulation 72 of the Public Procurement Regulations Contracts. In this,it states that: 'Contracts may be modified without a new procurement procedure where the modifications , irrespective of their value , are not substantial in that (a) the modifications do not render the contract materially different from the one initially concluded, (b) the modification does not introduce conditions which had they been part of the initial procurement procedure , would have - (i) allowed for the admission of other candidates than those initially selected, (ii)allowed for the acceptance of a tender other than that originally accepted, or (iii)attracted additional participants in the procurement procedure;' Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:- (c)where all of the following conditions are fulfilled:- (i)the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii)the modification does not alter the overall nature of the contract; (iii)any increase in price does not exceed 50% of the value of the original contract or framework agreement. The Contracting Authority is of the opinion as the X1 clause has been included in the original tender, the tender selection would have remained unchanged. It would not have attracted additional participants to the tender process, especially as the appointment was from a framework, nor would it have changed the candidates selected, nor the outcome of the tender selection. Derry City & Strabane District Council will incorporate a standstill period at the point information on the award of the contract is communicated to suppliers by means of this VEAT notice. The Standstill period will be for a period of 10 calendar days expiring 12Midnight 10th March 2025.

• RPS Consulting EngineersAwarded supplierGB-COH: NI021213 74 Boucher Road, Belfast, Northern Ireland

No document links were published on the notice.