Deed of Variation in relation to repairs and maintenance of building installations

CPV: Building installation work · Overhaul and refurbishment work · 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

5 Mar 2024, 16:05 GMT

Last source update

5 Mar 2024, 16:05 GMT

FTS notice number

2024/S 000-007081

Classification (CPV)

Building installation workOverhaul and refurbishment workRefurbishment workRepair and maintenance services of building installations

Delivery area

UK

Official registry OCID

ocds-h6vhtk-0445c4 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

SNH is entering into a deed of variation (the "Contract") to extend the duration of an existing R&M contract between SNH and MCP. The estimated increase in the value of the Underlying Contract is estimated to be £12,000,000 (twelve 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 have the effect of modifying the Underlying Contract in accordance with Regulation 72 of the Public Contracts Regulations 2015.

The Underlying Contract had been previously extended by a period of 6 months in January 2023. Following the merger between Network Homes Limited and Sovereign Housing Association Limited, the Underlying Contract will be varied in order to extend the duration of the Underlying Contract by a further period of twelve (12) months in order to facilitate the reprocurement of a repairs and maintenance contractor for the entirety of the merged entity's stock. The estimated value of the Underlying Contract is increased by £12,000,000 (twelve 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 alter the 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.

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 change in value as a result of a short extension of the opportunity 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 - SNH has satisfied itself that the estimated compensation for the additional works is reflective of market costs and does not amount to an over-compensation of the works to be provided.

4.As per our comments at 1. above, the modification does not extend the scope of the contract considerably. For the reasons set out above, 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.

Additionally, we note that the proposed modification is in part to facilitate the reprocurement of a contractor following the merger between Network Homes Limited and Sovereign Housing Association Limited, in order to ensure enough time to align an approach to the re-procurement of the repairs and maintenance requirement as a whole.

Publisher note: To view this notice, please click here: <a href="https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=847176155" target="_blank">https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=847176155</a> GO Reference: GO-202435-PRO-25413884

• MCP Property Services LtdAwarded supplier03744489 Treviot House, 186-192 High Road, Ilford, UK, IG1 1LR

No document links were published on the notice.