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 Stavebné práce
Miesto vykonania:
Modification of a framework agreement without a new procurement procedure.
Udeľujúci orgán:
Department for Education
Číslo udelenia:
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. Lot 11 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Wates Construction, VINCI Construction UK Limited - Building Division Lot 12 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Wates Construction, ENGIE Regeneration, Rayner Rowen Construction Ltd Lot 13 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Wates Construction, Willmott Dixon Construction Ltd, G F Tomlinson Lot 14 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, VINCI Construction UK Limited - Building Division, ENGIE Regeneration, The McAvoy Group Limited Lot 15 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Willmott Dixon Construction Ltd, Wates Construction, ENGIE Regeneration Lot 16 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Willmott Dixon Construction Ltd, Wates Construction, VINCI Construction UK Limited - Building Division, ENGIE Regeneration Lot 17 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Willmott Dixon Construction Ltd, Wates Construction, Baxall Construction Limited, ENGIE Regeneration Lot 18 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Willmott Dixon Construction Ltd, Wates Construction, ENGIE Regeneration Lot 19 winning bidders: Kier Construction, VINCI Construction UK Limited - Building Division, ENGIE Regeneration, Darwin Group Lot 20 winning bidders: Kier Construction, ENGIE Regeneration Lot 21 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Wilmott Dixon Construction Ltd, Wates Construction, G F Tomlinson Lot 22 winning bidders: Bowmer and Kirkland Ltd, Kier Construction, Wates Construction, Conlon Construction Ltd
Legal basis :
Directive 2014/24/EU

4. Group of lots

4.1 Group identifier : GLO-0001

Lots included : LOT-0011 LOT-0012 LOT-0013 LOT-0014 LOT-0015 LOT-0016 LOT-0017 LOT-0018 LOT-0019 LOT-0020 LOT-0021 LOT-0022

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 Low Value Band only. High and Medium are covered in separate VEAT notices published on/around the same date as this one. This is VEAT Notice 3 of 3.

5. Lot

5.1 Lot technical ID : LOT-0011

Title : Low Value Band: North East of England
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of North East 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 : This lot covers the geographical area of North East 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

5.1 Lot technical ID : LOT-0012

Title : Low Value Band: Yorkshire and the Humber
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Yorkshire and Humber.

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 : This lot covers the geographical area of Yorkshire and Humber.

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-0013

Title : Low Value Band: East Midlands
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of East 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 : This lot covers the geographical area of East 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-0014

Title : Low Value Band: East of England A
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of East Anglia.

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 : This lot covers the geographical area of East Anglia.

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-0015

Title : Low Value Band: East of England B
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Bedfordshire, Hertfordshire and Essex.

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 : This lot covers the geographical area of Bedfordshire, Hertfordshire and Essex.

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-0016

Title : Low Value Band: London
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of London.

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 : This lot covers the geographical area of London.

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-0017

Title : Low Value Band: South East of England A
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Kent, Surrey, East Sussex and West Sussex.

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 : This lot covers the geographical area of Kent, Surrey, East Sussex and West Sussex.

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-0018

Title : Low Value Band: South East of England B
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Berkshire, Buckinghamshire, Oxfordshire, Hampshire and the Isle of Wight.

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 : This lot covers the geographical area of Berkshire, Buckinghamshire, Oxfordshire, Hampshire and the Isle of Wight.

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-0019

Title : Low Value Band: South West of England A
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Gloucestershire, Wiltshire the Bath/Bristol area, Dorset and Somerset.

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 : This lot covers the geographical area of Gloucestershire, Wiltshire the Bath/Bristol area, Dorset and Somerset.

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-0020

Title : Low Value Band: South West of England B
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Devon, Cornwall and the Isles of Scilly.

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 : This lot covers the geographical area of Devon, Cornwall and the Isles of Scilly.

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-0021

Title : Low Value Band: West Midlands
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of the 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 : This lot covers the geographical area of the 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-0022

Title : Low Value Band: North West of England
Description : The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of North West 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 : This lot covers the geographical area of North West 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-0011

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0012

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0013

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0014

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0015

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0016

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0017

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0018

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0019

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0020

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0021

6.1.2 Information about winners

6.1 Result lot ldentifier : LOT-0022

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
Telephone : 0370 000 2288
Roles of this organisation :
Buyer
Central purchasing body acquiring supplies and/or services intended for other buyers
Central purchasing body awarding public contracts or concluding framework agreements for works, supplies or services intended for other buyers
TED eSender
Organisation signing the contract

8.1 ORG-0003

Official name : Royal Courts of Justice
Town : London
Postcode : SW1P 3BT
Country : United Kingdom
Roles of this organisation :
Review organisation

8.1 ORG-0005

Official name : Baxall Construction Limited
Town : Paddockwood, Kent
Postcode : TN12 6BU
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0007

Official name : Bowmer & Kirkland Ltd
Town : Heage, Derbyshire
Postcode : DE56 2BW
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0008

Official name : Conlon Construction Ltd
Town : Preston, Lancashire
Postcode : PR5 6BE
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0009

Official name : Darwin Group
Town : Shrewsbury, Shropshire
Postcode : SY4 4EA
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0010

Official name : ENGIE Regeneration
Town : Newcastle, Newcastle up Tyne
Postcode : NE12 8EX
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0013

Official name : G F Tomlinson
Town : Derby
Postcode : DE21 4AG
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0020

Official name : Kier Construction
Town : Salford
Postcode : M50 3XP
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0023

Official name : Rayner Rowen Construction Ltd
Town : Preston, Lancashire
Postcode : PR5 0
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0026

Official name : The McAvoy Group Limited
Town : Lisburn
Postcode : BT28 2FW
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0027

Official name : VINCI Construction UK Limited – Building Division
Town : Watford, Hertfordshire
Postcode : WD24 4WW
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0028

Official name : Wates Construction
Town : Leatherhead, Surrey
Postcode : KT22 7SW
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0029

Official name : Willmott Dixon Construction Ltd
Town : Letchworth, Garden City, Hertfordshire
Postcode : SG6 4GY
Country : United Kingdom
Roles of this organisation :
Tenderer

8.1 ORG-0000

Official name : Publications Office of the European Union
Registration number : PUBL
Town : Luxembourg
Postcode : 2417
Country subdivision (NUTS) : Luxembourg ( LU000 )
Country : Luxembourg
Telephone : +352 29291
Internet address : https://op.europa.eu
Roles of this organisation :
TED eSender

Notice information

Notice identifier/version : 26a0d56d-4c47-4bec-a726-665fba63475e - 01
Form type : Direct award preannouncement
Notice type : Voluntary ex-ante transparency notice
Notice dispatch date : 24/07/2025 11:16 +00:00
Languages in which this notice is officially available : English
Notice publication number : 00487694-2025
OJ S issue number : 141/2025
Publication date : 25/07/2025