Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2019-12-13
Buyer: National University of Ireland, Galway (NUI Galway)
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 71000000 | 71220000 | 71311000: Civil engineering consultancy services | 71312000: Structural engineering consultancy services | 71334000

Technical requirements: NUI Galway invited submissions from single point design team (PSDT) consortiums comprising of architectural, civil/structural engineering, mechanical/electrical engineering, fire safety engineering, landscpae architecture, PSDP as principal services and other specialist skills as set out in the ITT to provide design services for a new student residential accommodation project on the NUI Galway campus. An overall master plan to deliver over 1,200 additional student bed spaces in the medium term is currently being developed. Phase 1 of the plan comprises the development of 429 student bed spaces on the north campus of the University. This phase is currently under construction. Phase 2 of the plan (the subject of this ITT and competition) involves the development of a further 450 bed spaces also to be constructed at Corrib Village. This phase of the plan represents a substantial initiative by NUI Galway to develop additional commercially viable, modern, appealing and environmentally friendly student accommodation on campus. The accommodation is required for immediate fitout and setup by early December 2020 to allow for adequate setup in advance of the 2020/21 second academic semester in January 2021. To facilitate achieving this deadline, project delivery must contemplate a step-back from the proposed opening date to arrive at a sustainable, substantial completion date for the main contractor, which will allow for suitable commissioning, equipping, furniture fit-out and occupation phases. It will also require the implementation of risk management and decision making mechanisms to arrive at a reasonable timeline for any items that contain elements of uncertainty such as planning and archaeology.
Refer to SI 130/2010 European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010 as amended.
NUI Galway invited submissions from single point design team (PSDT) consortiums comprising of architectural, civil/structural engineering, mechanical/electrical engineering, fire safety engineering, landscpae architecture, PSDP as principal services and other specialist skills as set out in the ITT to provide design services for a new student residential accommodation project on the NUI Galway campus. An overall master plan to deliver over 1 200 additional student bed spaces in the medium term is currently being developed. Phase 1 of the plan comprises the development of 429 student bed spaces on the north campus of the University. This phase is currently under construction. Phase 2 of the plan (the subject of this ITT and competition) involves the development of a further 674 bed spaces also to be constructed at Corrib Village. This phase of the plan represents a substantial initiative by NUI Galway to develop additional commercially viable, modern, appealing and environmentally friendly student accommodation on campus. The accommodation is required for immediate fitout and setup on a Phased basis with Phase 1 by June 2021 to allow for adequate setup in advance of the 2021/22 academic semester in September 2021 and Phase 2 by June 2022 to allow for adequate setup in advance of the 2022/23 academic semester in September 2022. To facilitate achieving this deadline, project delivery must contemplate a step-back from the proposed opening date to arrive at a sustainable, substantial completion date for the main contractor, which will allow for suitable commissioning, equipping, furniture fit-out and occupation phases. It will also require the implementation of risk management and decision making mechanisms to arrive at a reasonable timeline for any items that contain elements of uncertainty such as planning and archaeology.
The modification to the contract is for services required due to an increase in the number of student accommodation from 450 No bed spaces to 674 No bed spaces, in line with the planning permission granted by An Bord Pleanála and an increase in the overall contract duration from 50 months to 70 months to facilitate the increased bed spaces.
Planning applications for housing developments of more than 100 residential units and 200 plus student bed spaces must be made directly to An Bord Pleanála. These types of housing applications are referred to as strategic housing development (SHD). Legislation which allowed for this type of application was enacted on 19.12.2016 and the associated regulations came in to effect on 3.7.2017. This new type of application was introduced as part of rebuilding Ireland to speed up the planning application process and accelerate delivery of larger housing and student accommodation proposals.
Pre-application consultation is mandatory for prospective applicants prior to making an application for SHD. Prospective applicants consult first with the relevant planning authority and then with An Bord Pleanála who will form and issue an opinion as to whether documents submitted constitute a reasonable basis for an application for SHD or whether further consideration or amendment to the documents are required.
Pre-application SHD consultation took place in August 2018 with An Bord Pleanála. This was after the contract was awarded and the successful tenderer had carried out development of the design. This consultation was based on a proposal for 85 No apartments with 450 No bed spaces. Following the pre-application consultation, An Bord Pleanála issued the notice of pre-application consultation opinion in September 2018 in which they requested ‘Further consideration and/or justification of the documents as they relate to the proposed density and height of the proposed development as they relate to the National Planning Framework 2040; Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas (May 2009) and the Urban Development and Building Heights, Guidelines for Planning Authorities Consultation Draft, August 2018.’
An Bord Pleanála stated that particular regard should be had to the need to secure compact urban growth and consolidation and achieve effective density in addition to ensuring that the proposed building heights provide the optimal urban design and architectural solution for the site. An Bord Pleanála required a change to the project in order to align with the National Planning Framework 2040; Guidelines for planning authorities on sustainable residential development in Urban Areas (May 2009) and the urban development and building heights, guidelines for planning authorities consultation draft, August 2018.
A number of design solutions were prepared and assessed by NUI Galway against criteria to address the items contained in An Bord Pleanála’s opinion with an optimal design solution selected which increased the building heights on the site and increased student accommodation to 125 No apartment with 674 No bed spaces. A planning application for this modified scheme was submitted to An Bord Pleanála in March 2019 and subsequently granted planning as SHD in June 2019.
The modification does not involve any significant change to the scope of service and is in accordance with Regulation 72(1)(b) of the European Union (Award of Public Authority Contracts) Regulations 2016 and Directive 2014/24/EU.
The additional design services are required to be carried out by the original tenderer. It would be logistically and technically unworkable for a new tenderer to carry out the design services as significant work has already been completed by the original tenderer and this work must be interchangeable with any future design work carried out. A change to the design team would significantly disrupt the interchangeability and progress of the project. The inefficiency of this arrangement would materially adversely affect the programme for delivery of the design services and the project.
It would be disruptive to the contract and disproportionate in terms of a disruption to the design services and the costs of running a new procedure to award an entirely new contract for this project. In addition it would cause very significant inconvenience and a substantial duplication of costs.
The modification does not alter the overall nature of the contract or the design services being provided by the consultant.


Winner: Coady Partnership Architects Ltd