Planning and Associated Environmental Consultancy Services for Ebbsfleet Central Area - Modification of existing public contract

Award outcome

Description

The Site of Special Scientific Interest designation which was the principle cause of this contract variation occurred during the duration of the contract. The designation created a significant new constraints and impacted all aspects of the drafted outline planning application and proposed development. This contract modification was required to accommodate additional meetings required by the incumbent service provider to support the outline planning application. Regulation 72(1)(a) of PCR15 A allows for modifications (irrespective of value) to be made where they have been provided for in the initial procurement documents in clear precise and unequivocal review clauses. The procurement documents of the incumbent service provider stated: "Please note that at this stage it is difficult to accurately outline the future meetings required and EDC will require flexibility from all Consultants to attend additional meetings to those outlined above, if required. Please use the scope of meetings outlined above for the purpose of providing a fee". This is considered to meet the requirements of 72(1)(a) as a review clause which states the scope and nature of possible modification, the conditions under which they may be used and the modifications do not alter the overall nature of the contract. Original contract was Called off from Homes England Framework for Multi-Disciplinary Consultant leading on engineering, infrastructure, and transport to support the planning application.

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