- Id
- ocds-h6vhtk-058dd0
- Status
- complete
- Procurement Method
- limited
- Main Procurement Category
- works
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Why this procedure was chosen
- EANI needs to extend the duration and value of this contract as additional expenditure has been incurred due to unforeseen additional budget release which the consequent additional funding facilitated additional works and unforeseen demand in respect of response works and for works to accommodate children with SEN.A rise in statutory compliance works and reactive maintenance works that EANI had to undertake has resulted in substantial expenditure.
At the time of the previous VEAT Notice,EANI hoped that another tender would be awarded resulting in decreased demand on this contract,however,the award has been delayed.The current procurement is intended to be replaced by 6 procurements,representing a portion of the services previously delivered.Procurements 1 + 2 have been awarded.A challenge lodged in respect of Procurement 3,caused significant and unforeseen delay and subsequent procurements. This challenge,and the time required to address it,was not foreseeable.
As a result,it has not yet been possible to finalise the awards the remaining Procurements.Therefore,it has become necessary to continue delivering the services under the current contract to ensure continuity of service delivery.This requires an extension of the current contract beyond its original transition period.
An uplift is required to reflect the extended duration.The delays to the replacement procurements+ongoing operational reliance on this contract,means the contract must remain active for longer than could have been foreseen.It is necessary to increase the contract value to allow services to continue during this extended period.
Delays in the implementation of key systems required,including those necessary to support digital integration,have impacted project timelines.The implementation of the contractor’s API with the EA’s systems has taken longer than anticipated. This has had an unexpected effect on Procurements 3, 4, 5 and 6,dependencies not foreseeable at the time of the original procurement and have led to additional delays with the award timeline.
This,combined with the effect of inflation which 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 4,000,000GBP which does not exceed 50 % of the original contract value.This uplift is in addition to the 4,000,000GBP applied detailed in the previous VEAT Notice 2024/S 000-004319 published,8 Feb 2024.
The uplift in value is also being sought as a precautionary measure to ensure continued service delivery of the SEN programme and potential of ongoing response maintenance works.
Reg 72(1)(c) permits this extension+increase in value of the Contract,due to unforeseen circumstances;the demand caused by delayed tenders;reallocation of works due to contractor withdrawal;API implementation timeframe.The overall nature of the contract is not altered and Modification value is 4,000,000GBP which does not exceed 50% of the original contract value.This contingency includes sums to permit work in other Lots (as per contract + Reg 72 (1)(a)).
To ensure 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 31/03/26 and the contract extension permits the CA to terminate the contract before this date upon the provision of two months’ notice.