Maintenance and Improvement Services – CT016 – Lot 2 Belfast Region 2 – South and East Belfast Area

CPV: Building completion work · Building construction work · Building installation work · Repair and maintenance services · Repair and maintenance services of electrical and mechanical building installations

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

30 Mar 2023, 09:43 BST

Last source update

30 Mar 2023, 09:43 BST

FTS notice number

2023/S 000-009238

Classification (CPV)

Building completion workBuilding construction workBuilding installation workRepair and maintenance servicesRepair and maintenance services of electrical and mechanical building installations

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-03b739 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

In October 2022, the NIHE agreed to amend and uplift the Schedule of Rates contained in the Price List Offer for the period 1 September 2022 to 30 April 2023 due to market inflation. This was to allow the contract to continue, and to ensure continuity of service, whilst a new procurement exercise took place (CT0113) following the collapse of an earlier procurement exercise in May 2022 (CT0100). This modification was permitted under Regulations 72(1)(f) and 72(5) of the Public Contracts Regulations (PCR) 2015 on the grounds that the value of the modification was below both the relevant procurement threshold and 15% of the initial value of the contract. In December 2022, the new procurement exercise (CT0113) had to be stood down for a number of unexpected and unforeseen reasons. A third new procurement exercise (CT0123) was commenced in February 2023 and is currently ongoing. Subject to no challenges being received, or any other unforeseen issues arising, it is intended that the new contract in respect of CT0123 will be awarded and will commence on or before 1 September 2023. In order to facilitate the conclusion of the new procurement exercise and the mobilisation of the new contract, a further uplift to the Schedule of Rates predominantly relating to void repairs and response repairs for the period 1 May 2023 to 31 August 2023 is required to ensure continuity of service to allow the NIHE to meet its statutory obligations. This further uplift is also due to market inflation reasons. The modification is permitted under Regulation 72(1)(c) of the PCR 2015 on the grounds that: (i) the need for the modification has been brought about by circumstances which the NIHE, acting diligently, could not have foreseen (ie. that the new tender exercises would have to be collapsed); (ii) the modification does not alter the overall nature of the contract. It simply increases certain rates by an agreed percentage uplift predominantly relating to void repairs and response repairs due to market inflation; and (iii) the uplift to the rates does not cause the value of the original contract to be exceeded by 50%. Indeed, this modification itself, being circa £600,000 in value, is less than 15% of the initial value of the contract of £164,500,000. However, when the October 2022 uplift and this uplift are aggregated, the total value of the uplifts is above the relevant procurement threshold. The uplifts do not cause the original contract award value of £164,500,000 to be exceeded.

• EQUANS REGENERATION LIMITEDAwarded supplier 40 Beechill Road, Belfast, Northern Ireland, BT8 7RPContact emailShow contact details

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