Provision of Planned and Responsive Maintenance and Minor Works - Omagh M&E Lot 1

{
  "id": "024267-2024",
  "tag": [
    "awardUpdate",
    "contractUpdate"
  ],
  "date": "2024-08-02T11:35:27+01:00",
  "ocid": "ocds-h6vhtk-043890",
  "buyer": {
    "id": "GB-FTS-84187",
    "name": "the Education Authority"
  },
  "awards": [
    {
      "id": "024267-2024-Omagh ME Lot 1-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-27090",
          "name": "Irwin ME Ltd"
        },
        {
          "id": "GB-FTS-120329",
          "name": "Irwin ME Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "Omagh M&E Lot 1",
    "lots": [
      {
        "id": "1",
        "description": "The award of a contract by Education Authority Northern Ireland (EANI) without prior\npublication of a call for competition in the Official Journal of the European Union, in respect\nof the continued provision of a Term Service Contract for Maintenance (M&E) and Minor\nWorks in the Western Education and Library Board area (Area 1), Contract Lot 3 as further\ndescribed in OJEU Contract Notice and as outlined in the previous VEAT issued 28 May 2021, 15 April 2022, 13 December 2022, 7 September 2023,  27 October 2023, 8 February 2024 and 28 March 2024.",
        "contractPeriod": {
          "endDate": "2025-08-31T23:59:59+01:00",
          "startDate": "2024-08-03T00:00:00+01:00"
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UKN"
          }
        ]
      }
    ],
    "title": "Provision of Planned and Responsive Maintenance and Minor Works - Omagh M&E Lot 1",
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "classification": {
      "id": "45210000",
      "scheme": "CPV",
      "description": "Building construction work"
    },
    "mainProcurementCategory": "works"
  },
  "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",
        "buyerProfile": "https://etendersni.gov.uk/epps"
      },
      "identifier": {
        "legalName": "the Education Authority"
      },
      "contactPoint": {
        "email": "facilities.procure@eani.org.uk"
      }
    },
    {
      "id": "GB-FTS-27090",
      "name": "Irwin ME Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Portadown",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://irwinm-e.com/",
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Irwin ME Ltd"
      },
      "contactPoint": {
        "email": "info@irwinm-e.com"
      }
    },
    {
      "id": "GB-FTS-120329",
      "name": "Irwin ME Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Belfast",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://www.mauriceflynn.com",
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Irwin ME Ltd"
      },
      "contactPoint": {
        "email": "business@mauriceflynn.com"
      }
    },
    {
      "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": [
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      ],
      "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": "024267-2024-Omagh ME Lot 1-1",
      "items": [
        {
          "id": "1",
          "relatedLot": "1",
          "classification": {
            "id": "45210000",
            "scheme": "CPV",
            "description": "Building construction work"
          },
          "deliveryAddresses": [
            {
              "region": "UKN"
            }
          ]
        }
      ],
      "value": {
        "amount": 37250000,
        "currency": "GBP"
      },
      "period": {
        "endDate": "2025-08-31T23:59:59+01:00",
        "startDate": "2022-06-01T00:00:00+01:00"
      },
      "status": "active",
      "awardID": "024267-2024-Omagh ME Lot 1-1",
      "amendments": [
        {
          "id": "2",
          "rationale": "Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: See information in section VI.3) Additional Information",
          "description": "This Modification Notice concerns VEAT Notice 2024/S 000-010439 issued on 28 March 2024 detailing EANI’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. As well as modifying the uplift mechanisms available to Contractors for certain exceptional items, this VEAT also detailed EANI’s intention to apply a further uplift to the value of the contract of 4,000,000.00 GBP which does not exceed 50 % of the original contract value. This uplift is applied in addition to the 4,000,000 GBP uplift applied and detailed in the previous VEAT Notice 2024/S 000-004316 published on 8 February 2024. \nThe overall nature of contract is not altered.\nThe total value of the extension is 4,000,000.00GBP.\nFurther information in section VI.3) Additional Information"
        }
      ],
      "dateSigned": "2024-03-28T00:00:00Z"
    }
  ],
  "description": "It has become necessary for EANI to further increase the value of this contract as additional expenditure has been incurred due to an unforeseen additional budget release by which the consequent additional funding facilitated the 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. The total value of the extension is 4,000,000.00 GBP which does not exceed 50 % of the original contract value. This uplift is applied in addition to the 4,000,000 GBP uplift applied and detailed in the previous VEAT Notice 2024/S 000-004316 published on 8 February 2024. . 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. . Regulation 72(1)(c) permits this increase in value of the Contract, due to unforeseen circumstances which a diligent contracting authority could not have foreseen. In addition 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)). . 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. . EANI 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.",
  "initiationType": "tender"
}

{
  "id": "018817-2024",
  "tag": [
    "awardUpdate",
    "contractUpdate"
  ],
  "date": "2024-06-18T16:57:52+01:00",
  "ocid": "ocds-h6vhtk-043890",
  "buyer": {
    "id": "GB-FTS-84187",
    "name": "the Education Authority"
  },
  "awards": [
    {
      "id": "018817-2024-2024/S 000-010439-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-27090",
          "name": "Irwin ME Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "Omagh M&E Lot 1",
    "lots": [
      {
        "id": "1",
        "description": "The award of a contract by Education Authority Northern Ireland (EANI) without prior\npublication of a call for competition in the Official Journal of the European Union, in respect\nof the continued provision of a Term Service Contract for Maintenance (M&E) and Minor\nWorks in the Western Education and Library Board area (Area 1), Contract Lot 3 as further\ndescribed in OJEU Contract Notice and as outlined in the previous VEAT issued 28 May 2021, 15 April 2022, 13 December 2022, 7 September 2023,  27 October 2023, 8 February 2024 and 28 March 2024.",
        "contractPeriod": {
          "endDate": "2025-08-31T23:59:59+01:00",
          "startDate": "2024-06-19T00:00:00+01:00"
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UKN"
          }
        ]
      }
    ],
    "title": "Provision of Planned and Responsive Maintenance and Minor Works - Omagh M&E Lot 1",
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "classification": {
      "id": "45210000",
      "scheme": "CPV",
      "description": "Building construction work"
    },
    "mainProcurementCategory": "works"
  },
  "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"
      },
      "identifier": {
        "legalName": "the Education Authority"
      },
      "contactPoint": {
        "email": "facilities.procure@eani.org.uk"
      }
    },
    {
      "id": "GB-FTS-27090",
      "name": "Irwin ME Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Portadown",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://irwinm-e.com/",
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Irwin ME Ltd"
      },
      "contactPoint": {
        "email": "info@irwinm-e.com"
      }
    },
    {
      "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": {
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      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "018817-2024-2024/S 000-010439-1",
      "items": [
        {
          "id": "1",
          "relatedLot": "1",
          "classification": {
            "id": "45210000",
            "scheme": "CPV",
            "description": "Building construction work"
          },
          "deliveryAddresses": [
            {
              "region": "UKN"
            }
          ]
        }
      ],
      "value": {
        "amount": 33250000,
        "currency": "GBP"
      },
      "period": {
        "endDate": "2025-08-31T23:59:59+01:00",
        "startDate": "2024-06-19T00:00:00+01:00"
      },
      "status": "active",
      "awardID": "018817-2024-2024/S 000-010439-1",
      "amendments": [
        {
          "id": "1",
          "rationale": "Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: See information in section VI.3 Additional Information",
          "description": "The previous VEAT 2024/S 000-004316 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. The VEAT also detailed an increase to the value of the contract of 4,000,000.00 GBP which does not exceed 50 % of the original contract value.\nThis Notice concerns the above modifications along with the previous VEAT Notice 2024/S 000-010439 issued on 28 March 2024 detailing EANI’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. \nThe overall nature of contract is not altered.\nThe total value of the extension is 4,000,000.00GBP.\nFurther information in VI.3"
        }
      ],
      "dateSigned": "2024-03-28T00:00:00Z"
    }
  ],
  "description": "It has become necessary for EANI to further increase the value and extend the period of this contract to 31 August 2025. EANI published VEAT Notice 2024/S 000-004316 on 8 February 2024 detailing their intention to extend to the value and time of the Contract. This was required as additional expenditure has been incurred due to an unforeseen additional budget release by which the consequent additional funding facilitated the 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 of the contract is also required due to delays in the ongoing 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. . In addition to extending the value and time of the Contract, EANI issued a further VEAT Notice 2024/S 000-010439 dated 28 March 2024 outlining their 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. The relevant percentage indices to be applied in respect of each exceptional item are set out in the previously published VEAT Notice 2024/S 000-010439. . 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 the above modifications, including the change to the uplift mechanism for exceptional items, the increase in value of the Contract and the extension of the Contract, due to unforeseen circumstances which a diligent contracting authority could not have foreseen. In addition 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. . 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. . EANI 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..",
  "initiationType": "tender"
}

{
  "id": "010439-2024",
  "tag": [
    "award",
    "contract"
  ],
  "date": "2024-03-28T18:45:28Z",
  "ocid": "ocds-h6vhtk-043890",
  "buyer": {
    "id": "GB-FTS-84187",
    "name": "the Education Authority"
  },
  "awards": [
    {
      "id": "010439-2024-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-27090",
          "name": "Irwin ME Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "Omagh M&E Lot 1",
    "lots": [
      {
        "id": "1",
        "options": {
          "description": "The previous VEAT 2024/S 000-004316 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. 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 and Response Works for EANI across its property portfolio in the old Western Education and Library Board area, Contract Lot 3 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 M&E Lot 1",
    "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 Maintenance (M&E) and Minor Works in the Western Education and Library Board area (Area 1), Contract Lot 3 as further described in OJEU Contract Noticeand 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 000-010148) 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            \nCopper cabling comprising HV/LV cables: standard power cables 600/1000V, armoured and armoured: fire resistant, sizes exceeding 500mm² one core, 185mm² two core, 120mm² three core and 95mm² four core (Rate A only), Copper cabling comprising HV/LV cables: standard power cables 1900/3300V, armoured, sizes exceeding 150mm² one core and 120mm² two core (Rate A only), Surface trunking: steel; standard; one / two compartment; size 50 x 50 / 75 x 75 / 100 x 50 / 100 x 100; including lids and extra over items, i.e. accessories (Rate A only), 600 / 1000 V: armoured insulated cable to BS 7846: fire resistant to BS 6387 category CWZ, BS EN 50200 PH60, BS 8434-1 30 minutes, BS EN 60332-1-2, BS EN 60332-3-24: low emission of smoke and corrosive gases when affected by fire to BS EN 61034-2,BS EN 60754-1 and 2; four core; size 10mm2 / 16mm2 / 25mm2 (Rate A only), Insulation; aluminium foil; joints sealed with tape and banded around pipe and fittings; all sizes / thickness (Rate A only), Flexible conduit; metallic; steel; size 20mm (Rate A only), Cable tray; perforated galvanised steel; plain flange edge; light / medium / heavy duty; width 50mm / 100mm / 150mm including ventilated cover and extra over items, i.e. accessories (Rate A only), Cable tray; wire basket; zinc plated steel; not exceeding 30mm deep / 30 to 60mm deep / 60 to 110mm deep; width 50mm / 100mm / 150mm; including extra over items, i.e. accessories (Rate A only), 450 / 750 V: wiring cable: insulated and sheathed flame retardant to BS EN 60332-1-2: low emission of smoke and corrosive gases when affected by fire to BS EN 61034-2 and BS EN 60754-1 and 2; single core to BS 7211: flame retardant to BS EN 60332-1-2; two / three / four core screened: flame retardant to BS EN 60332-1-2 and BS EN 60332-3-4: size 1.5mm2 or greater (Rate A only), 600 / 1000 V: armoured insulated cable to BS 7846: fire resistant to BS 6387 category CWZ, BS EN 50200 PH60, BS 8434-1 30 minutes, BS EN 60332-1-2, BS EN 60332-3-24: low emission of smoke and corrosive gases when affected by fire to BS EN 61034-2,BS EN 60754-1 and 2; 3 / 4 core; 1.5mm2 or greater (Rate A only), 600 / 1000 V: mains power cable: thermosetting insulated: steel wire armoured; three / four core; 6.0mm2 or greater (Rate A only) and Radiators: panel: steel; single and double convector; all sizes (Rate A only)",
    "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-27090",
      "name": "Irwin ME Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Portadown",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://irwinm-e.com/",
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Irwin ME Ltd"
      },
      "contactPoint": {
        "email": "info@irwinm-e.com"
      }
    },
    {
      "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": "010439-2024-1",
      "value": {
        "amount": 4000000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "010439-2024-1",
      "dateSigned": "2024-03-28T00:00:00Z"
    }
  ],
  "description": "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. The anticipated modification increase equates to GBP 4 000 000. The overall new modified contract value is GBP 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)). This is required as additional expenditure has been incurred due to increased demand for works generally and in particular, in regard to Special Educational Needs (SEN) placements and consequent increased rate of expenditure coupled with further delays in regard to the onging procurement exercise which was not anticipated at the time of the original Contract Notice or subsequent VEAT Notices. . . Regulation 72(1)(c) further 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": "004316-2024",
  "tag": [
    "award",
    "contract"
  ],
  "date": "2024-02-08T19:07:16Z",
  "ocid": "ocds-h6vhtk-043890",
  "buyer": {
    "id": "GB-FTS-5389",
    "name": "Education Authority"
  },
  "awards": [
    {
      "id": "004316-2024-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-27090",
          "name": "Irwin ME Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "Omagh M&E Lot 1",
    "lots": [
      {
        "id": "1",
        "options": {
          "description": "The previous VEAT 2022/S 000-035181 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 and Response Works for EANI across its property portfolio in the old Western Education and Library Board area, Contract Lot 3 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 M&E Lot 1",
    "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 Maintenance (M&E) and Minor Works in the Western Education and Library Board area (Area 1), Contract Lot 3 as further described in OJEU Contract Noticeand 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 000-010148 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-5389",
      "name": "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": "Education Authority"
      },
      "contactPoint": {
        "email": "facilities.procure@eani.org.uk"
      }
    },
    {
      "id": "GB-FTS-27090",
      "name": "Irwin ME Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKN",
        "locality": "Portadown",
        "countryName": "United Kingdom"
      },
      "details": {
        "url": "https://irwinm-e.com/",
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Irwin ME Ltd"
      },
      "contactPoint": {
        "email": "info@irwinm-e.com"
      }
    },
    {
      "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": "004316-2024-1",
      "value": {
        "amount": 4000000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "004316-2024-1",
      "dateSigned": "2024-02-08T00:00:00Z"
    }
  ],
  "initiationType": "tender"
}