ICT-20-007 Supply and Maintenance of Multi Functional Devices and Photocopiers for EA Offices

CPV: Office and computing machinery, equipment and supplies except furniture and software packages

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

2 Sept 2024, 11:53 BST

Last source update

2 Sept 2024, 11:53 BST

FTS notice number

2024/S 000-027891

Classification (CPV)

Office and computing machinery, equipment and supplies except furniture and software packages

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-049724 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Reg 72 (1)(e)

Not substantial regarding extension of the Term by an additional 1 year.

The current contract expires on 31/08/2024. EA ICT before going out to procure a new contract need to undertake a review of the print estate i.e. how many MFD’s currently, types, locations, usage, print volumes. This review is essential as with the introduction of agile and hybrid working the print requirements have changed. It is estimated that this review will take a number of months to complete, and this will then be factored into a new procurement which itself will take an estimated 3 months to complete and award. The year extension will provide sufficient time to conclude all of this and allow some time for any transition connected with a new contract.

It would appear that Regulation 72(1)(e) would apply under the circumstances.

The Regulation states: “(e)where the modifications, irrespective of their value, are not substantial within the meaning of paragraph (8)”

Paragraph 8 states:

(8) A modification of a contract or a framework agreement during its term shall be considered substantial for the purposes of paragraph (1)(e) where one or more of the following conditions is met:—

(a)the modification renders the contract or the framework agreement materially different in character from the one initially concluded;

(b)the modification introduces 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;

(c)the modification changes the economic balance of the contract or the framework agreement in favour of the contractor in a manner which was not provided for in the initial contract or framework agreement;

(d)the modification extends the scope of the contract or framework agreement considerably;

(e)a new contractor replaces the one to which the contracting authority had initially awarded the contract in cases other than those provided for in paragraph (1)(d).

For this particular modification, none of the conditions of paragraph 8 would be met and as a result this modification could be defined as “not substantial”

Publisher note: Extension of the contract period for a further 12 months (up to 31 August 2025).

• Kyocera Document SolutionsUK LimitedAwarded supplier Reading, UKContact emailShow contact details

No document links were published on the notice.