Other justification
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It has become necessary for EANI to further extend the duration and value of this contract as additional expenditure has been incurred due to an unforeseen additional budget release by which the consequent additional funding facilitated the performance of additional works and the unforeseen demand particularly in respect of response works and for works to accommodate children with Special Education Needs. An unprecedented rise in statutory compliance works and reactive maintenance works that EANI were obligated to undertake has resulted in substantial expenditure. Furthermore, it was anticipated at the time of publication of the previous VEAT Notice that EANI would have awarded another tender by the date hereof. It was expected this tender award would have resulted in a decreased demand in respect on this contract, however due to unforeseen circumstances, the award has been delayed. This current procurement is intended to be replaced in its entirety by a suite of six separate procurements (Procurements 1 through 6), each representing a portion of the services previously delivered under this contract. Procurements 1 and 2 have already been awarded. However, an unexpected procurement challenge was lodged in respect of Procurement 3, which has caused significant and unforeseen delay to this and subsequent procurements. This challenge, and the time required to address it, was not foreseeable by the contracting authority at the time of publishing the previous VEAT notice. As a result of that delay, it has not yet been possible to finalise the awards the remaining Procurements 3 through 6, which were expected to be operational by now. In the absence of these replacements, it has become necessary to continue delivering the relevant services under the current contract to ensure continuity of service delivery. This has required an extension of the current contract beyond its originally anticipated transition period. An uplift is also required to reflect the extended duration of the contract period. The delays to the replacement procurements, and the ongoing operational reliance on this contract, mean that the contract must remain active for longer than could have been reasonably foreseen. It is therefore necessary to increase the contract value accordingly to allow services to continue during this extended period. Further, delays in the implementation of key systems required under the contract, including those necessary to support digital integration and interoperability with EA systems, have further impacted project timelines. In particular, the implementation of the contractor’s API integration with the EA’s systems has taken longer than originally anticipated. This has contributed to delays in achieving operational readiness under earlier Procurements 1 and 2 which in turn has had an unexpected effect on subsequent Procurements 3, 4, 5 and 6. These dependencies were not foreseeable at the time of the original procurement and have led to additional delays with the procurement award timeline. These factors, combined with the continued effect of inflation which were not anticipated at the time of the original Contract Notice or subsequent VEAT Notices, has precipitated a more rapid consumption of the value of the contract stated in the previous VEAT Notice. The total value of the extension is 4,000,000.00 GBP which does not exceed 50 % of the original contract value. This uplift is applied in addition to the 4,000,000.00 GBP uplift applied and detailed in the previous VEAT Notice 2024/S 000-004318 published on 8 February 2024. The uplift to the contract value also being sought as a precautionary measure to ensure continued service delivery of the SEN placement programme and in particular the potential of further ongoing response maintenance works as may be required before the contract expiry. Regulation 72(1)(c) permits this extension of the contract and increase in value of the Contract, due to unforeseen circumstances which a diligent contracting authority could not have foreseen such as the additional demand caused by delayed tenders; the reallocation of works due to contractor withdrawal; and the extended implementation timeframe of the API system. In addition the overall nature of the contract is not altered and Modification value is GBP 4 000 000 which does not exceed 50 % of the original contract value. This contingency includes sums to permit work in other Lots (as per the contract and Regulation 72 (1)(a)). In order to provide continued access to schools and the scale, complexity and nature of the construction works and possible duplication of costs it is not possible to change the current provider. Regulation 72(1)(b) further permits this as a change of provider: (i) cannot be made for economic and technical reasons as requirements of interchangeability or interoperability of services procured under the original procurement and given the need to ensure continued access to EANI schools and facilities and could result in partial/total closure of schools; and (ii) will cause significant inconvenience and duplication of costs. EANI envisages new contract award by no later than 31/03/26 and the contract extension shall permit the contracting authority to terminate the contract before this date upon the provision of two months’ notice.