United Kingdom-Alfreton: Internal and External Materials (Windows and Doors)

Type of document: Modification of a contract/concession during its term
Country: United Kingdom
OJEU Ref: (2021/S 040-101469/EN)
Nature of contract: Supply contract
Procedure: Restricted procedure
Regulation of procurement: EU – with participation by GPA countries
Type of bid required: Not applicable

Modification of a contract/concession during its term
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Efficiency East Midlands Ltd
Postal address: Unit 3 Maisies Way, South Normanton
Town: Alfreton
Postal code: DE55 2DS
Country: United Kingdom
Contact Person: Rebecca Dermody-Simmons
Telephone: +44 1246395610
Email: tenders@eem.org.uk
Internet address(es):
Main address: www.eem.org.uk

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Internal and External Materials (Windows and Doors)
II.1.2) Main CPV code: 44111000
II.1.3) Type of contract: Supplies
II.2) Description
II.2.1) Title: Composite Doors and PVC-U Windows
Lot No:12 & 16
II.2.2)Additional CPV code(s)
Main CPV code: 44221000
Main CPV code: 44221200
Main CPV code: 44221220
Main CPV code: 44221100

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement at the time of conclusion of the contract
Efficiency East Midlands (EEM) have jointly procured on behalf of their current and future members a number of long-term contracts, for the provision of materials for various internal and external property works. Materials will be used for asset management including responsive, cyclical and planned maintenance and for new development of housing and community buildings and facilities, commercial and retail buildings, educational buildings, and other related assets and environmental and neighbourhood maintenance and improvements to all related infrastructure.
II.2.7) Duration of the contract,framework agreement,dynamic purchasing system or concession
Duration in months:120
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.2) Administrative information
IV.2.1) Contract award notice concerning this contract
Notice number in the OJ S:2011/S 084-137220
Section V: Award of contract/concession
Contract No: EMC0015 & 0017
Lot No: 12 & 16
Title: Composite Doors and PVC-u Window Supply Only

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2011-02-18
V.2.2) Information about tenders
V.2.4) Information on value of the contract/lot/concession(at the time of conclusion of the contract;excluding VAT)

Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Official name: Royal Courts of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.4.2) Body responsible for mediation procedures
Official name: Royal Courts of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.4.4) Service from which information about the review procedure may be obtained
Official name: The Cabinet Office
Postal address: Whitehall
Town: London
Postal code: SW1A 2AS
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-02-22

Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code: 44111000
VII.1.2) Additional CPV code(s)
Main CPV code: 44221000
Main CPV code: 44221200
Main CPV code: 44221220
Main CPV code: 44221100

VII.1.3) Place of performance
Nuts code:
VII.1.4) Description of the procurement:
Supply of PVC-U windows, composite doors and fire doors including ironmongery for installation to social housing properties.
VII.1.5) Duration of the contract,framework agreement,dynamic purchasing system or concession
Duration in months:120
VII.1.6) Information on value of the contract/lot/concession(excluding VAT)
VII.2) Information about modifications VII.2.1) Description of the modifications
Nature and extent of the modifications(with indication of possible earlier changes to the contract):
The current EEM contract for the supply only of doors and windows was awarded in in April 2011 for an initial 120 month term with an expiry date of the 31 March 2021. Due to the circumstances described in this notice, it will now continue until 1 April 2022.
In December 2020, EEM advertised the re-tender of this provision under contract notice 2020/S 241-595163. Unfortunately, following the tender period only one submission was received before the deadline, we believe that the lack of tenders was caused by the current impact of Covid and the national lockdowns pre and post Christmas. Organisations are facing the continuing imposition of significant business restrictions and uncertainty and it is clear that many organisations within this market are not be in a position to commit and respond to lengthy tender processes or commit to new opportunities.
Due to the current ongoing situation with the Covid-19 outbreak and the fact that our attempt to renew our current arrangement has failed we have called on Regulation 72 (1) (c) to extend this framework for 12 months. We believe this will help businesses continue to recover and deliver services and goods to our Members and reduce the pressure on the supply chain at this critical time. Requesting businesses to complete lengthy and complex tenders over the coming months may divert resources away from supporting the Public Sector; particularly for such an important compliance service; something we wish to avoid. In addition staff capacity and availability have been impacted by the current pandemic and we expect a continuation of disruption over the coming months due to the likely ongoing local lockdowns/restrictions well in to the spring.
In addition to the above, EEM seek to generate high levels of competition within the market to ensure the very best value for money for our Members. This is not something we have been able to achieve with the attempted re-tender and believe that this cannot be achieved in the short term as businesses continue to make the difficult decisions in their operations, pricing and staffing levels. EEM intends to deliver a replacement framework agreement for this current Contract as quickly as possible. EEM confirm that the modification does not change the overall nature of the framework and the modification will not exceed 50 % of the original contract value.

VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not
foresee(Art.43(1)(c) of Directive 2014/23/EU, Art.72(1)(c) of Directive 2014/24/EU, Art.89(1)(c) of Directive 2014/25/EU)
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a
change of contractor:

VII.2.3) Increase in price