Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2021-04-02
Buyer: Department of Agriculture, Environment and Rural Affairs
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 72500000

Technical requirements: AHPIS Supplemental Agreement — The APHIS system is the system used to manage the recording of all farmed animal data relating to the Agri-food sector, ensuring the tractability of animals and the recording and storage of all relevant data to protect animal and public health relating to the Agri-food sector.
The UK does not have any special review body with responsibility for appeal/.... mediation procedures in public procurement competitions. Instead; any challenges are dealt with by the High Court, Commercial.. Division,to which proceedings may be issued regarding alleged breaches of the Public Contracts Regulations 2015.
APHIS Supplemental Agreement — The APHIS system is the system used to manage the recording of all farmed animal data relating to the Agri-food sector, ensuring the tractability of animals and the recording and storage of all relevant data to protect animal and public health relating to the Agri-food sector.
In 2014 the contract known as APHIS Supplemental agreement was awarded to AMT Sybex. The total value of the contract was GBP 6.84 million over a period of 6 years. The contract is due to expire in June 2021.
The Department of Agriculture, Environment and Rural Affairs (DAERA) requires a further extension of its original contract for an additional 4 years. This extension is seen as a modification under the provisions outlined in regulation 72 of the Public Contracts Regulations 2015.
Regulation 72 provides that contracts may be modified without a new procurement procedure in any of a number of cases, including:
“(1) (b) for additional works, services or supplies by the original contractor that have become necessary and were not included in the original procurement, where a change of contractor:
(i) cannot be made for economic or technical reasons such as such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority;
(iii) provided that any increase in price does not exceed 50 % of the value of the original contract.
In this case, DAERA will seek to rely on the modification provisions of 72(1)(b) as a transfer to a new contractor would be impossible due to IPR reasons. APHIS requires sufficient cover for maintenance and support to allow it to continue to provide essential services to the agri-food sector in Northern Ireland. The APHIS system is extremely complex and its data is considered business critical to the agri-food sector and mission critical to the delivery of the business of Veterinary Service Animal Health Group within DAERA. The introduction of a new supplier would undoubtedly cause technical difficulties and issues with a potential liability in terms of maintenance and data integrity.
DAERA will seek to rely on the modification provisions of 72(1)(b) as a transfer to a new contractor would be impossible due to IPR reasons. APHIS requires sufficient cover for maintenance and support to allow it to continue to provide essential services to the agri-food sector in Northern Ireland. The APHIS system is extremely complex and its data is considered business critical to the agri-food sector and mission critical to the delivery of the business of Veterinary Service Animal Health Group within DAERA. The introduction of a new supplier would undoubtedly cause technical difficulties and issues with a potential liability in terms of maintenance and data integrity.


Winner: AMT Sybex