Provision of Planned and Responsive Maintenance and Minor Works - Omagh Building Lot 2

{
  "id": "010441-2024",
  "tag": [
    "award",
    "contract"
  ],
  "date": "2024-03-28T18:51:02Z",
  "ocid": "ocds-h6vhtk-04388e",
  "buyer": {
    "id": "GB-FTS-84187",
    "name": "the Education Authority"
  },
  "awards": [
    {
      "id": "010441-2024-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-50350",
          "name": "Woodvale Construction Company Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "Omagh Building Lot 2",
    "lots": [
      {
        "id": "1",
        "options": {
          "description": "The previous VEAT 2024/S 000-004314 issued on 8 February 2024 extended this contract until 31 August 2025 with an option for the EANI to terminate, at its sole discretion, the contract by providing the contractor with written notice of its intention to terminate the contract. This option has not been exercised. Instead, this notice concerns EA’s intention, upon receipt of compelling evidence, to consider the review of certain prices in the price lists for specific elements of which the impact of inflation is higher than what could have reasonably and diligently anticipated. The overall nature of contract is not altered."
        },
        "hasOptions": true,
        "description": "Provision of Planned Maintenance Works for EANI across its property portfolio in the old Western Education and Library Board area, Contract Lot 4 which includes but is not limited to controlled and uncontrolled schools."
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UKN"
          }
        ]
      }
    ],
    "title": "Provision of Planned and Responsive Maintenance and Minor Works - Omagh Building Lot 2",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "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 in the old Western Education and Library Board area (Area 2), Contract Lot 4 as further described in OJEU Contract Notice and as outlined in the previous VEATs issued on 28 May 2021, 15 April 2022, 13 December 2022, September 2023 and 8 February 2024.",
    "classification": {
      "id": "45210000",
      "scheme": "CPV",
      "description": "Building construction work"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "works",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "To secure continuity, Task Orders issued on/after 1 July 2021 as per VEAT (2022/S 000-010147) are adjusted for inflation, calculated with the BCIS Measured Term Contract Updating Percentages. Inflation from mid-point of original contract to 31 March 2021 is: PSA SOR ELEC11 Rate A, Rate B/D/E, Rate C 7.6 pct, 14.1 pct and 13.9 pct respectively, applies to Sections 1, 2, 3 and 4 of Price List; Rate B/D/E applies to Section 3; PSA SOR MECH11 Rate A, Rate B/D/ E, Rate C 20.7 pct, 12.2 pct and 13.9 pct respectively, applies to Sections 1, 2 and 3; Rate B/D/E applies to Section 3; PSA SOR BCE09 14.3 pct applies to Section 4 Item OT010.370 to 460. Inflation after 1 April 2021 is changed in BCIS MTC Updating Percentages from 31 March 2021 indices based on TO issue date/latest published index. For travel expenses for Response Task Orders issued outside of Lot received on or after 1 June 2022, an additional amount for travel has been included. \n\n            \nIt is the EA’s intention, upon receipt of compelling evidence, to consider the review of certain prices in the price lists for specific elements of which the impact of inflation is higher than what could have reasonably and diligently anticipated. This includes: \n\n            \nAluminium window systems and associated items comprising glazing, flashings and insulated panels (excluding works to existing aluminium window systems and associated items such as taking out, repairs and the like); \nAluminium curtain walling and associated items comprising glazing, flashings and insulated panels (excluding works to existing aluminium curtain walling and associated items such as taking out, repairs and the like);\nAluminium doors and associated items comprising sidelights and fanlights (excluding works to existing aluminium doors and associated items such as taking out, repairs and the like);\nCoated macadam roads and pavings and associated items comprising regulating courses (excluding labours and repairs to coated macadam and associated items);\nAsphalt roads and pavings and associated items comprising chippings (excluding labours and repairs to asphalt and associated items);\nProprietary coloured safety sports surfacings (wet-pour) and associated items comprising logos, patterns, graphics and the like; and\nMetal fencing comprising chain link, anti-intruder chain link, steel palisade security, roll-top, rigid mesh panel, steel ball-stop and rotating barrier, and associated items comprising straining posts and single and double gates (excluding work to old fencing including taking out, repairs and the like)",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "The procurement falls outside the scope of application of the directive"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-84187",
      "name": "the Education Authority",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UKN",
        "locality": "Belfast",
        "postalCode": "BT1 2NQ",
        "countryName": "United Kingdom",
        "streetAddress": "40 Academy Street"
      },
      "details": {
        "url": "https://etendersni.gov.uk/epps",
        "buyerProfile": "https://etendersni.gov.uk/epps",
        "classifications": [
          {
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE",
            "description": "Body governed by public law"
          },
          {
            "id": "09",
            "scheme": "COFOG",
            "description": "Education"
          }
        ]
      },
      "identifier": {
        "legalName": "the Education Authority"
      },
      "contactPoint": {
        "email": "facilities.procure@eani.org.uk"
      }
    },
    {
      "id": "GB-FTS-50350",
      "name": "Woodvale Construction Company Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Omagh",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://woodvaleconstruction.co.uk/",
        "scale": "large"
      },
      "identifier": {
        "legalName": "Woodvale Construction Company Ltd"
      },
      "contactPoint": {
        "email": "info@woodvaleconstruction.co.uk"
      }
    },
    {
      "id": "GB-FTS-38606",
      "name": "The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "Belfast",
        "countryName": "United Kingdom"
      },
      "identifier": {
        "legalName": "The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "010441-2024-1",
      "value": {
        "amount": 1,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "010441-2024-1",
      "dateSigned": "2024-03-28T00:00:00Z"
    }
  ],
  "description": "For the avoidance of doubt, the Exceptional Items listed above are for new works only. All works to existing items including but not limited to taking out, taking up, resecuring, work in repairs and the like, are excluded from the Exceptional Items. In applying for a price uplift in respect of these Exceptional items, the Contractor will have the choice to either claim the rates in the Price List applying the appropriate indexation percentage or claim under the Defined Costs. If the price of an Exceptional Item has been previously agreed, the Contractor may continue to claim at this rate. The Contractor is not required to produce evidence if they do not wish to avail of the Defined Costs. . . Regulation 72(1)(c) permits this extension due to unforeseen circumstances which a diligent contracting authority could not have foreseen and the overall nature of the contract is not altered. In particular, due to the inherent complexity of the procurement process, it is taking much longer than could have reasonably been anticipated and despite the best efforts of EANI, the process remains ongoing. . . In order to provide continued access to schools and the scale, complexity and nature of the construction works and possible duplication of costs it is not possible to change the current provider. Regulation 72(1)(b) further permits this 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.",
  "initiationType": "tender"
}

{
  "id": "004314-2024",
  "tag": [
    "award",
    "contract"
  ],
  "date": "2024-02-08T19:06:58Z",
  "ocid": "ocds-h6vhtk-04388e",
  "buyer": {
    "id": "GB-FTS-84187",
    "name": "the Education Authority"
  },
  "awards": [
    {
      "id": "004314-2024-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-50350",
          "name": "Woodvale Construction Company Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "Omagh Building Lot 2",
    "lots": [
      {
        "id": "1",
        "options": {
          "description": "The previous VEAT 2022/S 000-035182 issued on 13 December 2022 extended this contract until 31 May 2024 with an option for the EANI to terminate, at its sole discretion, the contract by providing the contractor with written notice of its intention to terminate the contract. This option has not been exercised. Instead, this notice shall extend the contract until 31 August 2025 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. EANI are also required to further increase the value of this contract. The overall nature of contract is not altered and the Modification value does not exceed 50 % of original contract value."
        },
        "hasOptions": true,
        "description": "Provision of Planned Maintenance Works for EANI across its property portfolio in the old Western Education and Library Board area, Contract Lot 4 which includes but is not limited to controlled and uncontrolled schools."
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UKN"
          }
        ]
      }
    ],
    "title": "Provision of Planned and Responsive Maintenance and Minor Works - Omagh Building Lot 2",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "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 in the old Western Education and Library Board area (Area 2), Contract Lot 4 as further described in OJEU Contract Notice and as outlined in the previous VEATs issued on 28 May 2021, 15 April 2022, 13 December 2022 and September 2023.",
    "classification": {
      "id": "45210000",
      "scheme": "CPV",
      "description": "Building construction work"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "works",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "Due to circumstances which could not have been foreseen at the time of publication of the previous VEAT Notice, EANI are now required to further increase the value and period of this contract. This is required as additional expenditure has been incurred due to unforeseen additional budget release and the consequent additional funding facilitated to performance of additional works and the unforeseen demand particularly in respect of response works and for works to accommodate children with Special Education Needs. These factors combined with the continued effect of inflation which were not anticipated at the time of the original Contract Notice or subsequent VEAT Notices has precipitated a more rapid consumption of the value of the contract stated in the previous VEAT Notice. This extension is also required due to delays in the ongoing during the procurement process, which has had the ramification of consequent delays on the next phases of the procurement, which could not have been reasonably foreseen and which has resulted in the requirement to increase the value and period of this 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 GBP 4 000 000 which 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)). The uplift to the contract value also being sought as a precautionary measure to ensure continued service delivery of the SEN placement programme and in particular the potential of further ongoing response maintenance works as may be required before the contract expiry. \nTo secure continuity, the provisions of the contract as referenced in VEAT  2022/S 000-010147 remain. Regulation 72(1) (b) further permits this extension as a change of provider: \n(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 \n(ii)        will cause significant inconvenience and duplication of costs. \nEANI envisages new contract award by no later than 31/08/25 and the contract extension shall permit the contracting authority to terminate the contract before this date upon the provision of three months’ notice.",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "The procurement falls outside the scope of application of the directive"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-84187",
      "name": "the Education Authority",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UK",
        "locality": "Belfast",
        "postalCode": "BT1 2NQ",
        "countryName": "United Kingdom",
        "streetAddress": "40 Academy Street"
      },
      "details": {
        "url": "https://etendersni.gov.uk/epps/home.do",
        "buyerProfile": "https://etendersni.gov.uk/epps",
        "classifications": [
          {
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE",
            "description": "Body governed by public law"
          },
          {
            "id": "09",
            "scheme": "COFOG",
            "description": "Education"
          }
        ]
      },
      "identifier": {
        "legalName": "the Education Authority"
      },
      "contactPoint": {
        "email": "facilities.procure@eani.org.uk"
      }
    },
    {
      "id": "GB-FTS-50350",
      "name": "Woodvale Construction Company Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Omagh",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://woodvaleconstruction.co.uk/",
        "scale": "large"
      },
      "identifier": {
        "legalName": "Woodvale Construction Company Ltd"
      },
      "contactPoint": {
        "email": "info@woodvaleconstruction.co.uk"
      }
    },
    {
      "id": "GB-FTS-38606",
      "name": "The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "Belfast",
        "countryName": "United Kingdom"
      },
      "identifier": {
        "legalName": "The UK does not have any special review body with responsibility for appeal/mediation procedures in public procurement competitions"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "004314-2024-1",
      "value": {
        "amount": 4000000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "004314-2024-1",
      "dateSigned": "2024-02-08T00:00:00Z"
    }
  ],
  "initiationType": "tender"
}