ICT-20-001 Supply and Maintenance of Multi-Functional Devices and Photocopiers for Schools

CPV: Office and computing machinery, equipment and supplies except furniture and software packages · Printing and distribution services · Printing and related services · Printing services · Services related to printing

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

Goods

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Framework agreement

Who may use this agreement

Not stated in the notice; call-off rights may be limited to the establishing authority

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

27 Aug 2024, 17:26 BST

Last source update

27 Aug 2024, 17:26 BST

FTS notice number

2024/S 000-027349

Classification (CPV)

Office and computing machinery, equipment and supplies except furniture and software packagesPrinting and distribution servicesPrinting and related servicesPrinting servicesServices related to printing

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-0495cf Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Reg 72 (1)(e)

Not substantial regarding extension of the Term by an additional 1 year and the additional value is 10% of the original contract value.

The current Schools MFD contract expires on 31/08/2024. EA ICT before going out to procure a new contract need to review and understand the future printing requirements i.e. how many MFD’s currently, types, locations, usage, print volumes. This review is essential as printing habits and trends have changed over recent years. It is estimated that this review will take a number of months to complete, and this will then be factored into a new procurement which itself will take an estimated 3 months to complete and award. The one year extension will provide sufficient time to conclude all of this and allow some time for any transition connected with a new contract.

It would appear that Regulation 72(1)(e) would apply under the circumstances.

The Regulation states: “(e)where the modifications, irrespective of their value, are not substantial within the meaning of paragraph (8)”

Paragraph 8 states:

(8) A modification of a contract or a framework agreement during its term shall be considered substantial for the purposes of paragraph (1)(e) where one or more of the following conditions is met:—

(a)the modification renders the contract or the framework agreement materially different in character from the one initially concluded;

(b)the modification introduces conditions which, had they been part of the initial procurement procedure, would have—

(i)allowed for the admission of other candidates than those initially selected,

(ii)allowed for the acceptance of a tender other than that originally accepted, or

(iii)attracted additional participants in the procurement procedure;

(c)the modification changes the economic balance of the contract or the framework agreement in favour of the contractor in a manner which was not provided for in the initial contract or framework agreement;

(d)the modification extends the scope of the contract or framework agreement considerably;

(e)a new contractor replaces the one to which the contracting authority had initially awarded the contract in cases other than those provided for in paragraph (1)(d).

For this particular modification, it appears that the 1 year extension and small additional value (10%) are “not substantial” and therefore meets the conditions of paragraph 8.

1 suppliers are admitted to this framework without individual award values or dates, see the supplier list below.

• CALVERT OFFICE EQUIPMENT LTDFramework contractor 20 Orby Link, Northern Ireland, BT5 5HUContact emailShow contact details
• QLC SOLUTIONS LTDFramework contractor Belfast, Northern IrelandContact emailShow contact details
• XEROX UK LTDFramework contractor Uxbridge, UKContact emailShow contact details

No document links were published on the notice.