United Kingdom-Belfast: Frozen Food Products

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-018120/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: The Education Authority N.Ireland
Postal address: 40 Academy Street
Town: Belfast
Postal code: BT1 2NQ
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: Frozen Food Products

Reference number: CAT-19-013
II.1.2) Main CPV code: 15800000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The award of a contract 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 Frozen Food Products for EANI. CAT-19-013.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:46000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: Main site or place of performance:UKN

II.2.4) Description of the procurement
Supply of Frozen Foods Products to the Education Authority N.Ireland

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:2021/S 000-018224

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-06-02
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Hendersons Food Service
Town: Belfast
Postal code: BT364RT
Country: United Kingdom
Email: Dermot.McPeake@henderson-group.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

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:
2024-06-12

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:
A modification to the value of the Framework Agreement for Frozen Food Products (CAT 19 013) by 20% is necessary to cover anticipated orders to the remaining contract period (until 31 July 2024).
These requirements 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.
The following issues that could not have been predicted and have impacted on costs and therefore increased spend under the current Framework:
– Hyper food inflation experienced as a result of the conflict in Ukraine which has impacted supply on European products.
– Much higher than anticipated energy prices that impacted all processing, production, and transportation of goods.
– Increased costs due to farming pressures and weather creating stock shortages.
(ii) the modification does not alter the overall nature of the contract;
The proposed modification does not impact the overall nature of the agreement, it remains to be there to supply frozen food products to schools.
(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 Framework was £21,879,000 GBP, this modification is for an additional £4,375,800 (20%) which is less than 50% of the original maximum value.