Home ContractsDeed of Variation in relation to Repairs and Maint…

Deed of Variation in relation to Repairs and Maintenance contract

WAC ID:138294

Public SectorAward noticeClosed32014L0024

Source:	Find a Tender Service (FTS)
Notice Type:	Award notice
Buyer:	Cross Keys Homes
Main Category:	Works
Procurement Method:	Award procedure without prior publication of a call for competition
Method Rationale:	This VTN gives notice that CKH is entering into a deed of variation (the "Contract") to award an extended contract to Mears. The estimated increase in the value of the Underlying Contract is estimated to be £20,000,000 to £25,000,000 (twenty to twenty five million pounds). A procurement procedure is not necessary on the basis that the award of the Contract is permitted pursuant to regulation 72(1)(e) of the Public Contracts Regulations 2015. The Contract will award additional works to Mears, and will have the effect of modifying the Underlying Contract in accordance with Regulation 72 of the Public Contracts Regulations 2015. Whereas the Underlying Contract had an original value of £300,000,000 to 375,000,000 (three hundred to three hundred and seventy five million pounds) across a full possible fifteen (15) year term, the Underlying Contract will be varied in order to extend the duration of the Underlying Contract by a period of one (1) year, and the estimated value of the Underlying Contract is increased by £20,000,000 to £25,000,000 (twenty to twenty five million pounds). This modification is being made in accordance with regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015. Namely, the proposed modification is not substantial within the meaning of regulation 72(1)(8) on the basis that: 1.the modification does not render the Underlying Contract materially different in character - the proposed modification remains limited to the same type, scope and nature of works, and will be delivered in the same geographic region and on identical commercial terms. The modification is limited to an extension of the Contract's duration, and for a limited time period to facilitate the re-procurement of the opportunity as a whole. 2.the modification does not introduce conditions which would have (a) allowed for the admission of other candidates, (b) allowed for the acceptance of another tender, or (c) attracted additional participants in the procurement procedure - the relatively short extension is not a significant change and is unlikely to have changed the outcome of the procurement. 3.the modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract – the extension is limited to identical commercial terms currently in use under the Underlying Contract, CKH is satisfied that this does not amount to an over-compensation. 4.the modification does not extend the scope of the contract considerably: the extension is limited in duration to facilitate the re-procurement process, and the specification and commercial terms remain unamended. For the reasons set out, the proposed modification does not constitute a substantial modification and is permitted by regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015.

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Award outcome

Awarded to

Mears LimitedGB-FTS-64635

Award status:

Active

Contracting Authority

Organisation

Cross Keys Homes

Description

Cross Keys Homes Limited ("CKH") intends to enter into a deed of variation with Mears, the effect of which will extend the duration of an existing R&M contract between CKH and Mears (the "Underlying Contract") by one (1) year, and which will increase the value of the Underlying Contract by approximately £20,000,000 to £25,000,000 (twenty to twenty five million pounds).

CPV Classifications1 code — click to expand

50700000Repair and maintenance services

About Cross Keys Homes

Published contracts in the last 12 months

total contracts

£902k

total value

£300,767

average contract size

Typical categories

Business services: law, marketing, consulting, recruitment, printing and securityConstruction workRepair and maintenance services

Pipeline status

Not added

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WAC Reference

WAC-138294

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