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

Concepts

• belfast
• repair and maintenance
• nihe
• award of a contract
• respect of the continued provision of a maintenance
• improvement services contract
• provision of maintenance
• maintenance
• east belfast
• improvement services

Location

Northern Ireland: South and East Belfast

Description

The award of a contract by the Northern Ireland Housing Executive (NIHE) without prior publication of a call for competition in the Official Journal of the European Union, in respect of the continued provision of a Maintenance and Improvement Services contract (CT016) in respect of Lot 2 Belfast Region 2 – South and East Belfast, as further described in the OJEU Contract Notice

Total Quantity or Scope

The provision of maintenance and improvement services for the NIHE in respect of Lot 2 Belfast Region 2 – South and East Belfast. Additional information: This contract was awarded on 2nd June 2016 following a competitive procurement process conducted on eTendersNI. The modification communicated to the market within this Voluntary Ex Ante Transparency Notice only applies to Lot 2 Belfast Region 2 – South and East Belfast.

Award Detail

CPV Codes

• 50000000 - Repair and maintenance services
• 50710000 - Repair and maintenance services of electrical and mechanical building installations
• 45210000 - Building construction work
• 45300000 - Building installation work
• 45400000 - Building completion work

Legal 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.

Other Information

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