CT0102 - DLO Minor Works · UK public procurement notice

• Recurrence: It is anticipated, but not guaranteed, that a new procurement procedure may be initiated during the contract period and/or any extension period(s) that may be used.

CPV: Building construction work

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

Yes · It is anticipated, but not guaranteed, that a new procurement procedure may be initiated during the contract period and/or any extension period(s) that may be used.

First published

21 Oct 2021, 16:05 BST

Last source update

6 Feb 2023, 13:51 GMT

Award evaluation window

18 Nov 2021 – …

FTS notice number

2023/S 000-003576

Classification (CPV)

Building construction work

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-02eea6 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Contracting Authority awarded each Lot Contract detailed herein on 21st December 2021 following a competitive procurement process conducted on eTendersNI. The Contracting Authority extended each Lot Contract on 18th August 2022. Each Lot Contract is now due to expire at midnight on 5th January 2024.

Unprecedented industrial action commenced after the Contracting Authority applied the extension. The industrial action is causing a significant reduction of available key personnel within the workforce of the Contracting Authority's Direct Labour Organisation's (the "DLO") to undertake the statutory response maintenance works. Mamo Building Services Ltd ("Mamo") agreed to provide backup support at the start of the industrial action in September. The additional expenditure associated with this backup support provision is projected to breach the total value specified in the original Contract Award Notice and the modified value advised in the previous VEAT Notice of Lot Contract (Lot 2 'South (Portadown and Craigavon)), in which Mamo are the incumbent Contractor. The provision of this requirement is critical to enable the Contracting Authority to discharge its statutory housing duty. The DLO explored and subsequently discounted potential options intended to mitigate the risk of an intolerable gap in these essential works. The Contracting Authority therefore intends to exercise its right under Regulation 72(1)(c) of the Public Contract Regulations 2015 to further modify the total value of Lot Contract: Lot 2 South (Portadown and Craigavon) in which Mamo are the incumbent Contractor As per section II.2.14 of this VEAT Notice. For the avoidance of doubt, the modification relates to the total value of Lot 2 South (Portadown and Craigavon). The value of Lot 1 Belfast is not being modified. DLO plans for the modified value of Lot 2 'South (Portadown and Craigavon)’ to enable works to continue until approximately April 2023, unless the industrial action is extended, in which case the modified total value may spend out much quicker. The Contracting Authority therefore anticipates current Lot Contracts: Lot 1 ‘Belfast’ and Lot 2 'South (Portadown and Craigavon’) of CT0102 may come to an end before their extended expiry dates but prior to the start of the replacement contract(s).

DLO only received confirmation of the industrial action nine days before industrial action commenced. The Contracting Authority has never before experienced industrial action of this magnitude, the duration of which is well outside the norm and completely unforeseeable (September - ongoing at time of publication of this notice). This modification does not materially alter the nature of the contract, nor does it introduce any conditions that would have allowed for the admission or acceptance of a different tender.

No change to the scope of works required within the contract will occur during the contract period. The works associated with the additional expenditure are necessary to prevent a catastrophic stoppage of works by sustaining a compliant mechanism enabling Mamo to continue delivering this statutory, strategically critical requirement. The Contracting Authority is currently finalising tender documentation to replace these incumbent contracts. It is envisaged these will be advertised in the coming days.

Publisher note: The value specified in section II.1.7) Total value of the procurement in field: 'Value excluding VAT' (£4,911,105.00) is the total value of the original procurement (both Lots) with no modification applied and was shown in the original Contract Award Notice. The original total value of Lot 2 South (Portadown and Craigavon) (£741,750.00) was specified in the original Contract Award Notice and has been modified as explained in this Voluntary Ex Ante Transparency Notice. The total value of the Lot 1 Belfast as disclosed in the original Contract Award Notice is: £4,169,355. The value shown herein at section V.2.4) Information on value of the contract/lot/concession (excluding VAT) in field 'Total final value of the contract/lot/concession' is the modified value for Lot 2 South (Portadown and Craigavon). The combined total of Lot 1 Belfast and the modified total of Lot 2 South (Portadown and Craigavon) is £5,281,980.

Submission deadline

18 Nov 2021, 15:00 GMT

Submission channel

{"written"}

Accepted languages

en

Bids opened

18 Nov 2021, 15:30 GMT

• MAMO BUILDING SERVICES LIMITEDAwarded supplier 18 Ballyards Road, Milford, Armagh, ARMAGH, UK, BT60 3NSContact email, phoneShow contact details
• MAMO BUILDING SERVICES LIMITEDAwarded supplier 18 Ballyards Road, Milford, Armagh, Armagh, UK, BT60 3NSContact email, phoneShow contact details
• MAMO BUILDING SERVICES LIMITEDAwarded supplier 18 Ballyards Road, Milford, Armagh, Armagh, Northern IrelandContact emailShow contact details
• UNICO CONTRACTS LIMITEDAwarded supplier 5 DOWGRY ROAD, BALLYMENA, UK, BT44 9SBContact email, phoneShow contact details

No document links were published on the notice.