Provision of Planned and Responsive Maintenance and Minor Works - Dundonald ME Lot 1 and 2

Contracts

• Contract 021637-2021-Dundonald ME Lot 1 and 2-1 · LM Services NI LTDSME

  Signed

  28 May 2021

  Value

  £62,530,000

  Period

  1 Sept 2021 – 31 May 2022

  Status

  active

  • Change An extension to 30-11-2021, with the further option for EANI, in its absolute discretion, to extend for up to two further periods of 4 months until 31-03-2022 and 2 months until 31-05-2022 at the latest. 8,530,000 GBP (being 3,800,000 GBP until 30-11-2021; 3,150,000 GBP until 31-03-2022; and 1,580,000 GBP until 31-05-2022). Further details noted in VII.2.1, Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: The Contract was for1year with an option to extend up to a further3years.Due to delays in re-procuring,Covid-19 and litigation,the Contract was extended a number of times culminating in VEAT(2020/S 072-173441)until30-06-2021.EANI have underspent under each VEAT. Due to being unable to resolve the9sets of proceedings in respect of the re-procurement it became necessary to seek a further,unavoidable extension.EANI anticipates awarding the new Contract by30-11-2021.Optional extensions are to allow for unforeseen circumstances.Successive modifications were not to circumvent Part 2of PCR2015,rather they became necessary due to the circumstances. The11month modification value is circa£8,530,000, which does not exceed50%of the upper range of the original contract value.As this Contract previously took on another Lot,the value includes such work.50% of the value accounts for contingency due to the unknown volume of emergency work that may be required.Such contingency also includes sums to permit work in other Lots as required.To secure continuity of service,as the contractor can no longer hold its price due to Covid-19and/or Brexit,Task Orders issued on/after01-07-2021will be adjusted for inflation,calculated with the BCIS Measured Term Contract Updating Percentages.Inflation from mid-point of original contract to 31-03-2021is: PSA SOR ELEC11 Rate A, Rate B/D/E, Rate C 5.2pct, 8.4pct and 8.8pct respectively, applies to Sections 1, 2, 3, 4 and 5 of Price List; Rate B/D/E applies to Sections 3 and 5; PSA SOR MECH11 Rate A, Rate B/D/E, Rate C 10.5pct, 6.7pct and 8.8pct respectively, applies to Sections 1, 2 and 3; Rate B/D/E applies to Sections 2 and 3; PSA SOR BCE09 9.0pct applies to Section 4 Item OT010.370 to 460. Inflation after 01.04.21 will be change in BCIS MTC Updating Percentages from 31.03.21 indices, based on TO issue date/latest published index. The proposed extended term and inflationary price uplift are permitted by Regulation72(1)(c) as the need for additional services from the original contractor is due to the ongoing litigation which could not have been foreseen and/or avoided by a diligent contracting authority.The modification does not alter the overall nature of the contract.In the alternative they are permitted by Regulation72(1)(b) as a change of provider:(i)cannot be made for economic and technical reasons such as requirements of interchangeability or interoperability of services procured under the original procurement given the need to ensure continued access to EANI schools and facilities.Given new contract commencement will be01-12-2021,or asap thereafter,commencement of a new contractor twice in a short time period,especially in the current climate,would create risk to stability and integrity of services,be unsettling for users and could result in partial/total closure of schools and associated facilities;and(ii)would cause significant inconvenience and duplication of costs for EANI.Any new contractor would have start-up costs in recreating the current service for an unknown time period,which would represent poor VFM,compared to extending the Contract.The inflationary increases are necessary to secure the agreement of the original contract to continue provision of the services given the contract prices have been fixed for a considerable period. In respect of carrying out work in other Lots,this is permitted under the terms of the Contract and so permissible under Regulation72(1)(a).

Dispute resolution & review bodies

• The UK does not currently have any such bodies with responsibilities for appeal/mediation proceduresReview body Ballymena