Find a TenderAwarded without competition
Published 13 Dec 2022, 12:04 GMT

Official UK procurement notice

Provision of Planned and Responsive Maintenance and Minor Works - Belfast Building Lot 1

Official notice

Authority: Education Authority NI (Education)

WorksAward procedure without prior publication of a call for competition
Awarded value£36,150,0012 contracts · exc. VAT
Awarded 12 Dec 2022no call for competition
Awarded to Maurice Flynn and Sons Ltd2 awards
Contract term 1 yr 1 moends 31 May 2024 · extension options published · starts 29 Apr 2023

What is being bought

Published requirement description

The award of a contract by Education Authority Northern Ireland (EANI) without prior publication of a call for competition in the Official Journal of the European Union, in respect of the continued provision of a Term Service Contract for Building Maintenance and Minor Works (Belfast Region) Lot 1 as further described in OJEU Contract Notice and as outlined in the previous VEATs issued on 28 May 2021 and 15 April 2022.

CPV: Building construction work

The lotProcurement structure

single lot · no lot value published
Lot #1The award of a contract by Education Authority Northern Ireland (EANI) without prior 1 yr 1 mo

The award of a contract by Education Authority Northern Ireland (EANI) without prior

publication of a call for competition in the Official Journal of the European Union, in respect

of the continued provision of a Term Service Contract for Building Maintenance and Minor

Works (Belfast Region) Lot 1 as further described in OJEU Contract Notice and as outlined in

the previous VEAT issued on 12 December 2022.

Contract period: 29 Apr 2023 – 31 May 2024 (1 yr 1 mo)
Extensions: The previous VEAT 2022/S 000-010144 issued on 15 April 2022 extended this contract until 31 May 2023 with an option for the EANI to extend, at its sole discretion, until 30 September 2023. This option has not been exercised. Instead, this notice shall extend the contract until 31 May 2024 with the further option for EANI, in its absolute discretion, terminate the contract by providing the contractor with written notice of its intention to terminate the contract.

Procedure terms & legal framework

From the official record
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
Works
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
13 Dec 2022, 12:04 GMT
Last source update
28 Apr 2023, 16:34 BST
Authority reference
Belfast Building Lot 1
FTS notice number
2023/S 000-012380
Classification (CPV)
Building construction work
Delivery area
Northern Ireland (UKN)
Official registry OCID
ocds-h6vhtk-038ce7 Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

Due to the EANI’s desire to develop and design a procurement strategy for the future term service contract that takes cognisance of representations made by the market and additional works required for special educational needs schools it has become necessary to extend the contract until 31 May 2024 to facilitate the development and design of a new procurement. To ensure value for money and to assist the procurement strategy for the future term service contract, the EANI shall have, at its absolute discretion, the ability to terminate the contract by giving the contractor written notice of its intention to terminate. The EANI does not intend to extend the value of this contract beyond the modification value referenced in VEAT 2022/S 000-010144 published on 15 April 2022. Rather, this publication is to extend the time on the contract.

Regulation 72(1)(c) permits this extension due to unforeseen circumstances which a diligent contracting authority could not have foreseen, the overall nature of the contract is not altered and Modification value is does not exceed 50 % of the original contract value. This contingency includes sums to permit work in other Lots (as per the contract and Regulation 72 (1) (a)). To secure continuity, the provisions of the contract as referenced in VEAT 2021/S 105-278044 remain.

Regulation 72(1) (b) further permits this extension as a change of provider:

(i) cannot be made for economic and technical reasons as requirements of interchangeability or interoperability of services procured under the original procurement and given the need to ensure continued access to EANI schools and facilities and could result in partial/total closure of schools; and

(ii) will cause significant inconvenience and duplication of costs.

EANI envisages new contract award by 31/05/24.

How it was run

Official notice
Submission deadline
—

Timeline

28 Apr 2023 → 29 Apr 2023 · 2 dates
  1. Notice published
    28 Apr 2023, 16:34 BST
  2. Contract starts
    29 Apr 2023, 00:00 BST

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 2
Awarded value £36,150,0012 contracts exc. VAT
Contracts signed 2latest 12 Dec 2022
Awarded toValueDateStatus
Maurice Flynn and Sons LtdSME£36,150,000 †—Awarded
Maurice Flynn and Sons LtdSME£1 †—Awarded

Contracts

  • Provision of Planned and Responsive Maintenance and Minor Works - Belfast Building Lot 1 · Maurice Flynn and Sons LtdSME

    Signed
    12 Dec 2022
    Value
    £36,150,000
    Period
    1 Jun 2022 – 31 May 2024
    Status
    active
    • Change Nature and extent of the modifications (with indication of possible earlier changes to the contract): An extension to 31 May 2024 with the further option for EANI, in its absolute discretion, to terminate the contract by providing the contractor with written notice of its intention to terminate the contract. The total value of the extension is 1.00GBP. Further information in VII.2.2 below., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: It has become necessary to extend the contract until 31 May 2024 to facilitate the development and design of a new procurement. The EANI shall have, at its absolute discretion, the ability to terminate the contract by giving the contractor written notice of its intention to terminate. The EANI does not intend to extend the value of this contract beyond the modification value referenced in VEAT 2022/S 000-010144 published on 15 April 2022. Rather, this publication is to extend the time on the contract. To secure continuity, the provisions of the contract as referenced in VEAT 2021/S 105-278044 remain. Regulation 72(1) (b) further permits this extension as a change of provider: (i) cannot be made for economic and technical reasons for reasons of interchangeability and interoperability with the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs. EANI envisages new contract award by 31/05/24.
  • Contract 035188-2022-1 · Maurice Flynn and Sons LtdSME

    Signed
    12 Dec 2022
    Value
    £1
    Period
    … – 31 May 2024
    Status
    active

Contracting authority & participating public bodies

Education Authority NI

Contracting authorityEducationBody governed by public lawEducation 40 Academy Street, Belfast, UK, BT1 2NQContact email

Dispute resolution & review bodies

  • The UK does not currently have any such bodies with responsibilities for appeal/mediation proceduresReview body Belfast
  • The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitionsReview body Belfast

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.