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United Kingdom-Belfast: Bain Maries, Hot Cupboards, Merchandiser Display Units and Modular Counter Units
Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-001021/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable
Voluntary ex ante transparency notice
Supplies
Section I: Contracting authority
I.1) Name and addresses
Official name: the Education Authority
Postal address: 40 Academy Street
Town: Belfast
Postal code: BT1 2NQ
Country: United Kingdom
Email: cater.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: Bain Maries, Hot Cupboards, Merchandiser Display Units and Modular Counter Units
Reference number: CAT-21-001-001
II.1.2) Main CPV code: 39310000
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 Bain Maries, Hot Cupboards, Merchandiser Display Units and Modular Counter Units for EANI CAT-21-001-001 as further described in OJEU Contract 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:105000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 39310000
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply of Bain Maries, Hot Cupboards, Merchandiser Display Units and Modular Counter Units.
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
Negotiated procedure without prior publication(in accordance with Article 32 of Directive 2014/24/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information
Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-01-11
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Stephens Catering Equipment Co Ltd
Town: Ballymena
Postal code: BT42 4NY
Country: United Kingdom
Email: pcaves@stephens-catering.com
Nuts code:
Internet address:
The contractor is an SME: no
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
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: The UK does not currently have any such bodies with responsibilities for appeal/mediation procedures
Town: Belfast
Country: United Kingdom
VI.5) Date of dispatch of this notice:
2024-01-11
Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in 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 original call off contract was for the period 17 October up to 31 July 2024 with an option to extend for one year up to 31 July 2025. The original call off contract was for a maximum value of £210,874.00 this modification is to increase the value of this contract by a maximum of 50% £105,000.
Further additional services, which were not included in the original procurement, have become necessary and are 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. Namely, unprecedented staff shortages in the catering industry and industrial action by staff has meant that Catering Service have had to supplement their service provision by having more ready to eat hot Grab and Go items – the presentation and display of these requires heated display units. This has resulted in increased spend on such items unforeseeable by EANI. Accordingly, a modification of value is required in order to amend the contract to allow the purchase of additional display units.
(ii) The modification does not alter the overall nature of the contract. Other than the value of the call off contract being increased the nature of the call off contract 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 upper estimate of the original contract was £210,874.00 this modification is for £105,000 which is less than 50% of the original maximum value of £210,874.00. This does not exceed 50% of the value of the original contract.
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