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Modification of a framework agreement without a new procurement procedure.

Modification of a contract under Regulation 71(1)(e) of the Public Contracts Regulations 2015 (PCR). The Department for Education (DFE) awarded the DfE Construction Framework a multi-supplier construction framework with 3 regional value bands and 22 lots to support its educational infrastructure delivery programmes and other initiatives (the 2021 Framework). The …

CPV: 45000000 Bauarbeiten

Ausführungsort:

Modification of a framework agreement without a new procurement procedure.

Vergabestelle:

Department for Education

Vergabenummer:

DfE Construction Framework

1. Buyer

1.1 Buyer

Official name : Department for Education

Legal type of the buyer : Central government authority

Activity of the contracting authority : Education

2. Procedure

2.1 Procedure

Title : Modification of a framework agreement without a new procurement procedure.

Description : Modification of a contract under Regulation 71(1)(e) of the Public Contracts Regulations 2015 (PCR). The Department for Education (DFE) awarded the DfE Construction Framework a multi-supplier construction framework with 3 regional value bands and 22 lots to support its educational infrastructure delivery programmes and other initiatives (the 2021 Framework). The procurement was advertised in Contract Notice (2020/S 252-638043) and resulted in various contractors being appointed to the 2021 Framework as detailed in the Contract Award Notice (2022/S 032-083381). The Contract Notice and Contract Award Notice can be found here: https://ted.europa.eu/en/notice/-/detail/638043-2020 https://ted.europa.eu/en/notice/-/detail/83381-2022 The DFE intends to issue a variation agreement to the remaining 24 contractors appointed to the 2021 Framework (inclusive of high, medium and low value bands, as detailed in the Contract Award Notice (save for those that have since become insolvent)) to modify the framework agreement to extend the duration of the 2021 Framework by 5 months for the reasons set out in this notice. The 2021 Framework commenced in December 2021, and was for a duration of 4 years with an expiry date of 30 November 2025 and an estimated value of £7bn. The proposed modification seeks to extend the duration beyond the 4 year term by a period of 5 months, meaning it will now expire on 30 April 2026. The 5 months extension period was not provided for in the originally awarded Framework. The DFE intends to vary and extend the 2021 Framework with all the remaining contractors originally appointed to the 2021 Framework and that variation will take place no earlier than the expiry of 10 days from the publication of this notice.

Procedure identifier : 416adff6-7928-45c0-90f7-9bb04f1df679

Previous notice : 638043-2020

Internal identifier : DfE Construction Framework

Type of procedure : Other multiple stage procedure

2.1.1 Purpose

Main nature of the contract : Works

Main classification ( cpv ): 45000000 Construction work

2.1.2 Place of performance

Country : United Kingdom

Additional information : English

2.1.4 General information

Additional information : The 2021 Framework represents a crucial route to market to enable the DFE to support its educational infrastructure delivery programmes and related initiatives ranging from schools, academies, colleges and other educational facilities that are required across England. The DFE has commenced a procurement exercise under the Procurement Act 2023 to establish the new, DFE Construction Framework 25 (Successor Framework) which is anticipated to conclude by early January 2026. Once available, the Successor Framework will become the primary procurement route for the DFE in sourcing new projects that would have otherwise been procured via the 2021 Framework . The intention was that the Successor Framework would be in place and fully mobilised prior to the expiry of the 2021 Framework. However, there has been an unanticipated delay with the Successor Framework procurement process (in part due to the delay to commencement of the Procurement Act 2023) which means that it is unlikely that it will be fully mobilised and available for use until after the 2021 Framework’s original expiry date on 30 November 2025. That said, should the Successor Framework become available sooner than expected, the DFE will utilise the same for new projects. The projects/schemes currently being delivered and proposed to be delivered under the 2021 Framework as part of this variation are of significant importance and not doing so would cause substantial disruption to the DFE’s delivery programmes which will impact on the provision of education services across England. Acknowledging the above, the DFE has identified the need to modify the 2021 Framework as proposed to ensure that the DFE maintains business continuity delivering educational infrastructure works. The DFE considers that it is permissible to modify the 2021 Framework to extend the duration of the 2021 Framework on the basis that it falls within the scope of Regulation 72(1)(e) of the Public Contracts Regulations 2015 (PCR). The proposed modification will be limited to extending the duration of the 2021 Framework by 5 months, which the DFE does not consider to be substantial for the reasons set out below. In incorporating the modification, the estimated value of the procurement stated in the Contract Notice remains unchanged at £7bn (and will not be exceeded). The estimated value of projects awarded to date under the 2021 Framework is approximately £4.97bn. The modification will not render the 2021 Framework materially different in character to the one originally awarded by the DFE; it represents a variation to incorporate a short extension to its duration only without incorporating any other changes to its terms. The 2021 Framework will still be for the delivery of educational infrastructure as originally advertised and awarded. The DFE does not consider that the modification introduces conditions which would have resulted in a different outcome in the original procurement process, nor would have resulted in a different tender being accepted. This is because (save for the 5 months extension) the conditions and scope of the 2021 Framework remains as originally advertised. The modification does not seek to extend the scope of the 2021 Framework considerably ; it represents a short extension to the original duration which is necessary and strictly limited to ensure continuity and to maintain capacity until the new Successor Framework is established. Aside from the extension to the term the original Framework terms remain unchanged. To note: Lot 1 winning bidders: Bowmer and Kirkland Ltd, Willmott Dixon Construction Ltd, BAM Construction Ltd, Kier Construction, Wates Construction Lot 2 winning bidders: Bowmer and Kirkland Ltd, Willmott Dixon Construction Ltd, BAM Construction Ltd, Kier Construction, Wates Construction, Skanska Construction UK Ltd, John Graham Construction Ltd, Bouygues UK

Legal basis :

Directive 2014/24/EU

4. Group of lots

4.1 Group identifier : GLO-0001

Lots included : LOT-0001 LOT-0002

4.1.1 Value

Maximum value of the framework agreement within the group of lots : 7 000 000 000 Pound sterling

4.1.2 General information

Additional information : The 7,000,000,000 value of the framework agreement includes all 3 Value Bands (High, Medium and Low). This notice covers the High Value Band only. Medium and Low are covered in separate VEAT notices published on/around the same date as this one. This is VEAT Notice 1 of 3.

5. Lot

5.1 Lot technical ID : LOT-0001

Title : High Value Band: North

Description : The High Value Band consists of two separate geographical lots divided between North and South. This lot covers the geographical areas of the North East of England, North West of England, Yorkshire and the Humber, East Midlands and West Midlands.

5.1.1 Purpose

Main nature of the contract : Works

Main classification ( cpv ): 45000000 Construction work

5.1.2 Place of performance

Country : United Kingdom

Additional information : The High Value Band consists of two separate geographical lots divided between North and South. This lot covers the geographical areas of the North East of England, North West of England, Yorkshire and the Humber, East Midlands and West Midlands.

5.1.6 General information

The procurement is covered by the Government Procurement Agreement (GPA) : yes

5.1.16 Further information, mediation and review

Review organisation : Royal Courts of Justice

Organisation signing the contract : Department for Education

5.1 Lot technical ID : LOT-0002

Title : High Value Band: South

Description : The High Value Band consists of two separate geographical lots divided between North and South. This lot covers the geographical areas of the East of England, London, South East of England and the South West of England.

5.1.1 Purpose

Main nature of the contract : Works

Main classification ( cpv ): 45000000 Construction work

5.1.2 Place of performance

Country : United Kingdom

Additional information : The High Value Band consists of two separate geographical lots divided between North and South. This lot covers the geographical areas of the East of England, London, South East of England and the South West of England.

5.1.6 General information

The procurement is covered by the Government Procurement Agreement (GPA) : yes

5.1.16 Further information, mediation and review

Review organisation : Royal Courts of Justice

Organisation signing the contract : Department for Education

6. Results

6.1 Result lot ldentifier : LOT-0001

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0002

6.1.2 Information about winners

8. Organisations

8.1 ORG-0001

Official name : Department for Education

Department : Department for Education

Town : London

Postcode : SW1P 3BT

Country : United Kingdom

Email : CF.2025@education.gov.uk

Telephone : 0370 000 2288

Internet address : https://www.gov.uk/government/organisations/department-for-education

Information exchange endpoint (URL) : https://www.gov.uk/government/organisations/department-for-education

Official name : Publications Office of the European Union

Registration number : PUBL

Town : Luxembourg

Postcode : 2417

Country subdivision (NUTS) : Luxembourg ( LU000 )

Country : Luxembourg

Email : ted@publications.europa.eu

Telephone : +352 29291

Internet address : https://op.europa.eu

Roles of this organisation :

TED eSender

Notice information

Notice identifier/version : 19a8b236-ed53-449c-9b9e-294928b82076 - 01

Form type : Direct award preannouncement

Notice type : Voluntary ex-ante transparency notice

Notice dispatch date : 24/07/2025 11:02 +00:00

Languages in which this notice is officially available : English

Notice publication number : 00486838-2025

OJ S issue number : 141/2025

Publication date : 25/07/2025