Deed of Variation in relation to Repairs and Maintenance contract

CPV: Overhaul and refurbishment work · Repair and maintenance services of building installations

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

Unspecified in notice

First published

15 Jan 2024, 19:06 GMT

Last source update

15 Jan 2024, 19:06 GMT

FTS notice number

2024/S 000-001359

Classification (CPV)

Overhaul and refurbishment workRepair and maintenance services of building installations

Delivery area

UK

Official registry OCID

ocds-h6vhtk-042d5d Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

This VTN gives notice that CKH is entering into a deed of variation (the "Contract") to award an extended contract to Mears. The estimated increase in the value of the Underlying Contract is estimated to be £20,000,000 to £25,000,000 (twenty to twenty five million pounds). A procurement procedure is not necessary on the basis that the award of the Contract is permitted pursuant to regulation 72(1)(e) of the Public Contracts Regulations 2015. The Contract will award additional works to Mears, and will have the effect of modifying the Underlying Contract in accordance with Regulation 72 of the Public Contracts Regulations 2015. Whereas the Underlying Contract had an original value of £300,000,000 to 375,000,000 (three hundred to three hundred and seventy five million pounds) across a full possible fifteen (15) year term, the Underlying Contract will be varied in order to extend the duration of the Underlying Contract by a period of one (1) year, and the estimated value of the Underlying Contract is increased by £20,000,000 to £25,000,000 (twenty to twenty five million pounds). This modification is being made in accordance with regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015. Namely, the proposed modification is not substantial within the meaning of regulation 72(1)(8) on the basis that: 1.the modification does not render the Underlying Contract materially different in character - the proposed modification remains limited to the same type, scope and nature of works, and will be delivered in the same geographic region and on identical commercial terms. The modification is limited to an extension of the Contract's duration, and for a limited time period to facilitate the re-procurement of the opportunity as a whole. 2.the modification does not introduce conditions which would have (a) allowed for the admission of other candidates, (b) allowed for the acceptance of another tender, or (c) attracted additional participants in the procurement procedure - the relatively short extension is not a significant change and is unlikely to have changed the outcome of the procurement. 3.the modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract – the extension is limited to identical commercial terms currently in use under the Underlying Contract, CKH is satisfied that this does not amount to an over-compensation. 4.the modification does not extend the scope of the contract considerably: the extension is limited in duration to facilitate the re-procurement process, and the specification and commercial terms remain unamended. For the reasons set out, the proposed modification does not constitute a substantial modification and is permitted by regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015.

Publisher note: To view this notice, please click here: <a href="https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=835278579" target="_blank">https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=835278579</a> GO Reference: GO-2024115-PRO-24968879

• Mears LimitedAwarded supplier02519234 1390 Montpellier Court, Gloucester Business Park, Brockworth, Gloucester, UK, GL3 4AH

No document links were published on the notice.