Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2020-12-11
Buyer: National Galleries of Scotland
Country: UK
Contract type: Services
Procedure: Restricted procedure
CPV classification: 48000000 | 48100000 | 48150000 | 50700000 | 50710000

Technical requirements: This is a modification of the National Galleries of Scotland's (NGS) Fully Comprehensive BMS Maintenance Contract awarded by NGS on 1 October 2014. Contract notice: 2014/S/ 090-157516. Contract award notice reference: 2014/S 191-337630.
This is a modification of a contract award by the National Galleries of Scotland on 1 October 2014 (SC Ref: 321 716).
The contract is for the provision of a fully comprehensive, performance related contract which provides the maintenance and servicing of its multi-property estate Building Management System (BMS). The ongoing and continuous specified performance of this system is critical to the safe housing of highly valuable works of art and the maintenance and functionality of the buildings in which they are located.
The BMS employs Trend software and graphics, which is server managed and administered from several end user points and the contract covers all of its integral hardware, software and associated ancillary items.
The estimated value of the contract includes an annual provisional sum that will be used to call off small works related to the specified service and maintenance. Provisional sums will be spent at the discretion of National Galleries Scotland.
This proposed modification is an extension of 18 months — from 1 October 2020 to 31 March 2022 — to an existing contract that was advertised as being extendable annually for up to a total contract duration of 6 years.
In accordance with the terms of Article 72(1)(e) and Article 72(4) of the Directive, this proposed modification to the existing contract is not substantial, and therefore a new procurement procedure is not required.
This proposed modification is in respect of duration and does not involve any changes being made to the existing contract in terms of the services being provided to National Galleries Scotland (NGS). Whilst the NGS will make payment to the contractor in respect of the additional 18 months of services being provided, this proposed modification does not have an effect of changing the economic balance of the contract, nor does this modification operate to change the scope of the existing contract.
Has this proposed modification been part of the initial procurement procedure, it is unlikely that, given the nature of the proposed modification, it would have allowed the admission of other candidates that those initially selected, or that additional participants would have been attracted to participate in the procurement procedure.
This proposed modification in terms of contract duration does not have the effect of rendering this contract materially different from the existing contract.
During this extension period, NGS will proceed with a new procurement exercise for Fully Comprehensive BMS Maintenance Services.
The combined stopping of works due to the lockdown, along with the complex and changing nature of construction requirements, have led us to revise the timeline of the Scottish National Gallery (SNG) project. Due to existing contractual arrangements, this modification ensures the same Contractor is delivering BMS Maintenance services for the entire SNG site while construction is completed and avoids the technical complication of integrating two separate BMS systems and services on one site which may create vulnerabilities of site security.


Winner: East Coast Controls Ltd