United Kingdom-OMAGH: 70378 Fresh Meat (Beef, Pork and Lamb) for the Education Authority

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-005441/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: Omagh Office, Campsie House, 1 Hospital Road
Town: OMAGH
Postal code: BT79 0AW
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: 70378 Fresh Meat (Beef, Pork and Lamb) for the Education Authority
II.1.2) Main CPV code: 15113000
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 Fresh Meat (Beef, Pork and Lamb) for EANI 70378 as further described in OJEU Contract Notice.
II.1.6) Information about lots
The contract is divided into lots: yes
II.1.7) Total value of the procurement(excluding VAT)
Value:0.01
Currency:GBP
II.2) Description Lot No:LOT 1 ARMAGH AREA
II.2.2)Additional CPV code(s)
Main CPV code: 15110000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply and Delivery of Fresh Meat (Beef, Pork and Lamb) to individual educational establishments within the Northern Ireland Education Authority Regions.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An extension until 31 December 2022, with the further option for EANI, in its absolute discretion, to extend for up to a further four months until 30 April 2023 at the latest.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no Lot No:LOT 2 BALLYMENA AREA
II.2.2)Additional CPV code(s)
Main CPV code: 15110000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply and Delivery of Fresh Meat (Beef, Pork and Lamb) to individual educational establishments within the Northern Ireland Education Authority Regions.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An extension until 31 December 2022, with the further option for EANI, in its absolute discretion, to extend for up to a further four months until 30 April 2023 at the latest.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no Lot No:LOT 3 BELFAST AREA
II.2.2)Additional CPV code(s)
Main CPV code: 15110000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply and Delivery of Fresh Meat (Beef, Pork and Lamb) to individual educational establishments within the Northern Ireland Education Authority Regions.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An extension until 31 December 2022, with the further option for EANI, in its absolute discretion, to extend for up to a further four months until 30 April 2023 at the latest.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no Lot No:LOT 4 DUNDONALD AREA
II.2.2)Additional CPV code(s)
Main CPV code: 15110000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply and Delivery of Fresh Meat (Beef, Pork and Lamb) to individual educational establishments within the Northern Ireland Education Authority Regions.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An extension until 31 December 2022, with the further option for EANI, in its absolute discretion, to extend for up to a further four months until 30 April 2023 at the latest.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no Lot No:LOT 5 OMAGH AREA
II.2.2)Additional CPV code(s)
Main CPV code: 15110000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Supply and Delivery of Fresh Meat (Beef, Pork and Lamb) to individual educational establishments within the Northern Ireland Education Authority Regions.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An extension until 31 December 2022, with the further option for EANI, in its absolute discretion, to extend for up to a further four months until 30 April 2023 at the latest.

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

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2018-10-12
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: ETHERSON MEATS LTD
Town: BALLYMONEY
Country: United Kingdom
Email: info@ethersonmeats.com
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: Education Authority NI
Town: Omagh
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-02-28

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 set out in OJEU Contract Notice was entered into by EANI as per the published Contract Award Notice (Framework Agreement). The Framework Agreement was initially for a term ending 31 August 2019, with the option to extend for one further period of 12 months followed by a further optional extension period of up to 24 months. It was however agreed in June 2019 that the Framework Agreement be extended until 31 August 2020, further agreed in June 2020 that the Framework Agreement be extended until 31 August 2021 and then further agreed in June 2021 that it be further extended until 31 August 2022 (Expiry).
EANI intended to commence a new procurement exercise in January 2022. However, the new procurement exercise has been delayed due to Covid-19. Particularly, EANI has experienced a significant reduction in staffing resources at extremely short notice and has therefore been unable to begin the tender process. Given the uncertainty surrounding Covid-19, it is unclear when EANI will be able to commence the new procurement.
EANI anticipates the new contract commencement will be 1 January 2023, with services extended under the current Framework Agreement until then. However, due to Covid-19, contract commencement may be further delayed, with EANI having the option to further extend the Framework Agreement, in its absolute discretion, until 30 April 2023.
Further additional services until the commencement of the new framework agreement, 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, the Covid-19 pandemic. Covid-19 has delayed the new procurement exercise commencing, with such circumstances, and the ensuing delay, entirely unforeseeable by EANI. It is also unknown and unforeseeable when the Covid-19 pandemic will conclude or abate sufficiently to allow the process to start. Accordingly, an extension is required in order to allow a procurement exercise to be carried out 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) The modification does not amend the value of the original Framework Agreement.