United Kingdom-Armagh: Supply and Delivery of Prepared Sandwiches and Rolls to the NI Education Authority School Meals Kitchens

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-000278/EN)
Nature of contract: Supply contract
Procedure: Award of a contract without prior publication
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Education Authority
Postal address: 3 Charlemont Place, The Mall
Town: Armagh
Postal code: BT61 9AX
Country: United Kingdom
Email: catering.procure@eani.org.uk
Internet address(es):
Main address:
Address of the buyer profile:

I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Education

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Supply and Delivery of Prepared Sandwiches and Rolls to the NI Education Authority School Meals Kitchens
II.1.2) Main CPV code: 15811511
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The award of a framework agreement by Education Authority Northern Ireland (EANI) without prior publication of a call for competition in the Official Journal of the European Union, in respect of the provision of Supply and Delivery of Prepared Sandwiches and Rolls for EANI CAT-22-007 as further described in Find a Tender Contract Award Notice.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:380338.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply and Delivery of Supply and Delivery of Prepared Sandwiches and Rolls to individual educational establishments within the Northern Ireland Education Authority Regions.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2022/S 000-033033

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-08-26
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Early Days Foods Ltd
Town: Newry
Country: United Kingdom
Email: catering.procure@eani.org.uk
Nuts code:
Internet address:
The contractor is an SME: yes

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: The UK currently UK does not currently have any such bodies with responsibilities for appeal/mediation procedures
Town: ARMAGH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-01-05

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
The Framework Agreement was entered into by EANI as per the published Contract Award Notice (Framework Agreement). The Framework Agreement was initially for a term ending 31 December 2022. It was however agreed in December 2022 that the Framework Agreement be extended until 28 February 2023 (Expiry) under Regulation 72(1)(c) of The Public Contacts Regulations 2015.
EANI commenced a new procurement exercise, however, the new procurement exercise has been delayed due to service requirements changing.
EANI anticipates the new contract commencement will be 1 March 2023, with services extended under the current Framework Agreement until then.
The extension of the existing provision until the commencement of the new framework agreement has become necessary and is permitted by Regulation 72(1)(c) of The Public Contacts Regulations 2015. Namely, the following conditions have been fulfilled:
(i) The need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen. We were unable to predict the volume of changes required by the Catering Service. We were unable to predict the staffing issues that have impacted on the section. Accordingly, an extension is required in order to allow a procurement exercise to be finalised and to ensure continuity of service until the new framework agreement commences;
(ii) The modification does not alter the overall nature of the contract. Other than the term of the Framework Agreement being extended to allow the new procurement to be concluded, the nature of the Framework Agreement is not being amended; and
(iii) Any increase in price does not exceed 50% of the value of the original contract or framework agreement. The value is not being increased.