Design Services New Maritime Museum & Archive ED-03-13

CPV: Architectural design services · Construction project management 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

26 Apr 2024, 15:21 BST

Last source update

26 Apr 2024, 15:21 BST

FTS notice number

2024/S 000-013638

Classification (CPV)

Architectural design servicesConstruction project management services

Delivery area

Northern Ireland (UKN0A)

Official registry OCID

ocds-h6vhtk-045589 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Under Public Procurement Regulations 72, a Voluntary Ex- Ante Transparency notice is required to cover a variation to the contract between Derry City & Strabane District Council, the Contracting Authority and the ICT led by Todd Architects for the Maritime Museum 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 changes in legislation and lapses in statutory approvals. The scope of the original commission has not changed.

In 2015, following a Public Procurement Exercise for the Appointment of a Multi Disciplinary Consultant Team for delivery of the Maritime Museum, Todd Architects were appointed for the sum of £490,400.00. At the time of appointment project completion was intended to be in 2019.

In 2018 the project was put on hold, awaiting funding. At that time, the ICT had completed RIBA Stages 1-3 and 85% RIBA Stage 4. The project was on hold until late 2023. Funding is now in place for the completion of the project but must be utilised urgently. Currently it is anticipated that completion will be 2026.

The Contracting Authority, intends that the ICT appointed in 2015, complete the commission for which it was appointed.

There have been a number of consequences as a result of the prolonged stand still of the project. During this time, there have been changes in legislation, in particular building control, the statutory approvals for the project have lapsed 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 extremely 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 in 2015.

The Contracting Authority, is minded to amend the contract, by the introduction of the X1 clause to the NEC3 PSC to address the inflationary impact on fees for the remainder of the contract.

The original appointment used a NEC3 Option A PSC that did not include an X1 Clause (Price Adjustment for inflation clause). At the time of appointment of the ICT, project completion was 2019. The anticipated completion date is currently 2026, some 7years later. During this time there have been unprecedented construction industry inflationary rises. In order to mitigate this significant increase, it is reasonable and necessary to apply the X1 clause 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 regard, it states that:

72.-(1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:-

(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph (8);

The Contracting Authority is of the opinion that had the X1 clause been included in the original tender, the tender selection would have remained unchanged from that concluded in 2015.

Having considered all the issues the Contracting Authority is of the view that the introduction of the X1 clause does not render the contract materially different in character from the one initially concluded; the modification would not have attracted additional participants to the tender process, nor would it have changed the candidates selected, or the ultimate outcome of the tender selection. Further the modification does not change the economic balance of the contract in favour of the ICT and nor does the modification extend the scope of the contract considerably.

Consequently, having considered the matter the Contracting Authority is of the view that this matter comes within the scope of Regulation 72(1)(e) and the related Regulation 72(8).

Publisher note: 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 Midnight 7th May 2024

• Todd ArchitectsAwarded supplierGB-COH: NI021213 2nd Floor Titanic House, 6 Queens Road, Belfast, Northern Ireland, BT3 9DT

No document links were published on the notice.