Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2023-11-24
Buyer: Monaghan County Council
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 71300000 | 71310000 | 71311000: Civil engineering consultancy services | 71311210 | 71311220
EU fund: CEF

Technical requirements: Monaghan County Council requires multi-disciplinary engineering and other specialised consultancy services in accordance with the scheduled services specified under the “Tender and Schedule” for the delivery of Phases 0/1, 2, 3, 4 of the current edition of the TII PMG (PE-PMG-02041) and Phases 1-4 of the National Roads Authority “Project Management Guidelines 2010” for the N2 Ardee to Castleblayney and N2 Clontibret to Border Road Schemes.
The project involves the separate, independent but coordinated design of the 2 specific schemes for the N2 under a single Contract:
It will be a requirement that key members of the Consultants team shall be based in Monaghan Town. A full description of the services required by the Client is provided in Schedule B of the Tender and Schedule for the Conditions of Engagement for Consultancy Services (Technical).
Please refer to Statutory Instrument 130/2010 - European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010 (and in particular Regulation 7 and 10(2)).
Monaghan County Council requires multi-disciplinary engineering and other specialised consultancy services in accordance with the scheduled services specified under the “Tender and Schedule” for the delivery of Phases 0/1, 2, 3, 4 of the current edition of the TII PMG (PE-PMG-02041) and Phases 1-4 of the National Roads Authority “Project Management Guidelines 2010” for the N2 Ardee to Castleblayney and N2 Clontibret to Border Road Schemes.
The project involves the separate, independent but coordinated design of the 2 specific schemes for the N2 under a single Contract:
It will be a requirement that key members of the Consultants team shall be based in Monaghan Town. A full description of the services required by the Client is provided in Schedule B of the Tender and Schedule for the Conditions of Engagement for Consultancy Services (Technical).
Due to funding constraints, design services in respect of the N2 Clontibret to Border Road Scheme were substantially paused in November 2021. With funding having become available again, the parties are now recommencing work under the contract to allow the final phase of the N2 Clontibret to Border Road Scheme to progress. However, in the intervening two years, there have been various external and unforeseeable changes which, in turn, require additional services to complete the project. These include services necessary to: comply with changes to national policy documents (including the Transport Appraisal Framework, Climate Action Plan, and the National Investment Framework for Transport Ireland); take account of increased active and sustainable travel requirements (conducting comprehensive assessments, gathering data on alternative transportation modes, and creating sustainable active travel plans) ; determine the continued relevance of the existing traffic models; take account of changes to design standards over the past two years, ensuring compliance with the latest standards; account for numerous updates to the Project Appraisal Guidelines and parameters for assessment; provide scoping, procurement supervision and additional reporting in relation to additional archaeological assessments required by Transport Infrastructure Ireland and statutory bodies in Ireland (including Lidar analysis, geophysical surveys, and intrusive archaeological services); address increased requirements to analyse and determine the impact the proposed scheme may have on the climate and the requirement to analyse the production of greenhouse gases and the associated reporting (including further and more comprehensive assessments, increased analysis of data relating to CO2 and mitigation measures to reduce greenhouse gas production); redoing of out-of-date environmental baseline surveys and agronomy surveys; and further air quality and water quality assessment and structural assessments.
The increase in the value of the contract as a result of these contract changes is less than 50% of the value of the original contract.
The contract was previously modified to account for additional necessary and unforeseeable changes as described in https://ted.europa.eu/udl?uri=TED:NOTICE:484304-2023:TEXT:EN:HTML
Given that Jacobs was already engaged for the project, procuring these services from another contractor would have caused significant inconvenience and substantial duplication of costs. As Jacobs has delivered all service deliverables to date, a new contractor would have needed to verify all decisions taken and surveys, studies and assessments undertaken by Jacobs in order to perform these services. Jacobs’ familiarity with the project also means that procuring another contractor for stakeholder/public engagement and consultation  reasons would likewise cause significant inconvenience and substantial duplication of costs.
In addition or alternatively, the Contracting Authority believes that these contract changes also meet the requirements of Regulation 72(1)(c) (ie, modifications brought about by circumstances which a diligent contracting authority could not have foreseen).


Winner: Jacobs Engineering Ireland Limited