Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2022-06-01
Buyer: National Treasury Management Agency (NTMA)
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 71000000 | 71200000 | 71210000 | 71220000 | 71221000

Technical requirements: RFT for Technical Advisory Services: Architectural, Civil and Structural and Mechanical and Electrical - Higher Education (3rd Level) PPP Programme - to be procured and delivered by the NDFA
The National Development Finance Agency (NDFA) sought tenders for the provision of Technical Advisory Services in six (6) Lots in respect of Bundle 1 and Bundle 2 of the Higher Education (3rd Level) PPP Programme to be procured and delivered by NDFA.
RFT for Technical Advisory Services: Architectural, Civil and Structural and Mechanical and Electrical - Higher Education (3rd Level) PPP Programme - to be procured and delivered by the NDFA
Notwithstanding the reference in the contract to a term of 60 months, the duration of the contract was expected to be for the period required for the completion of the services and any additional services required. This was made clear in the contract notice (Ref 2017/S 243-506675).
Since award of the contract in 2018, the following additional services have been provided by the contractor: (i) the provision of a response to a request for information from the Planning Authority, at a cost to the Authority of €3,462.50 ex Vat; (ii) amendments to tender documents for one of the Project Facilities in Bundle 2, at a cost to the Authority of €3,600 ex Vat; and (iii) the production of BIM models for all of Project Facilities included in Bundle 2, at a cost to the Authority of €23,310 ex Vat. The total cost of these modifications was €30,372.50 ex Vat.
Please refer to Statutory Instrument 130 of 2010, the European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010, and in particular Regulation 7.
The NDFA is currently in the process of procuring Bundles 1 and 2 of the Higher Education (HE) PPP Programme. In 2018, the NDFA procured a contract with Building Design Partnership Limited (trading as BDP) to provide technical advisory services (mechanical and electrical) relating to Bundle 2 of the HE PPP Programme. The services included the production of preliminary audio-visual design solutions for all Project Facilities included in Bundle 2.
In 2018, the NDFA entered into a contract with Building Design Partnership Limited (trading as BDP) to provide technical advisory services (mechanical and electrical) relating to Bundle 2 of the HE PPP Programme. The services included the production of preliminary audio-visual design solutions for all Higher Education Institute facilities included in Bundle 2. Additional audio-visual specialist services are now necessary.
The NDFA has now extended the scope of the services currently provided by BDP under the contract to include the following: (i) project management and consultation on design; (ii) engagement with the Higher Education Institutes (HEIs) and end users; (iii) develop final audio-visual design; (iv) develop tender specification to assist each HEI in the procurement of audio-visual equipment; monitoring and reporting on the installation of audio-visual systems; (v) monitoring and reporting on works carried out by PPP Co./Works Co. in relation to the audio-visual systems in each HEI; (vi) snagging the works of the AV Integrator; and (vii) witnessing final user acceptance testing.
It was originally envisaged that the appointed PPP Co. for Bundle 2 would carry out the detailed design and installation of audio-visual equipment, however for various reasons, PPP Co. is no longer considered to be best placed to provide these services. BDP will develop the preliminary audio-visual designs and schematics (already prepared by it over a 3-4 year period with each HEI under the existing contract) into fully worked-up, detailed designs, and will then work with each HEI to procure the necessary audio-visual equipment.
The value of the modification/additional services is 440,000.06 EUR (ex VAT). The increase in price shall not exceed 50% of the value of the original contract.
Additional AV specialist services by BDP are necessary to develop the preliminary AV designs previously prepared by BDP, which will enable NDFA to progress to award the PPP contract for Bundle 2 in a timely manner.
BDP has already developed preliminary design solutions & schematics for each Project Facility and has extensive knowledge of HEI requirements. A new contractor will be unfamiliar with the HEI requirements at each facility & the preliminary designs prepared by BDP. A change of contractor will result in significant inconvenience & substantial duplication of design work and costs and cannot therefore be made for economic and technical reasons. A change is also likely to increase risk and lead to delay in award of the PPP contract (currently scheduled for Q1 2023), and/or lead to programme delay, extensions and/or variations during construction stage of the PPP contract.


Winner: Building Design Partnership Limited (trading as BDP)