Cross Keys Homes: Deed of Variation in relation to Repairs and Maintenance contract

UK-Peterborough: Overhaul and refurbishment work.

Preliminary Questions
   This notice is published by:
   Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses
       Cross Keys Homes
       Shrewsbury Ave, Peterborough, PE2 7BZ, United Kingdom
       Tel. +44 1733385000, Email: michael.heekin@crosskeyshomes.co.uk
       Contact: Michael Heekin
       Main Address: www.crosskeyshomes.co.uk, Address of the buyer profile: www.crosskeyshomes.co.uk
       NUTS Code: UK

I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
      Body governed by public law

I.5) Main Activity (in the case of a notice published by a contracting authority)
      Housing and community amenities


Section II: Object

II.1) Scope of the procurement
   
   II.1.1) Title: Deed of Variation in relation to Repairs and Maintenance contract.
      Reference number: Not Provided
      
   II.1.2) Main CPV code:
      45453000 - Overhaul and refurbishment work.
   
   II.1.3) Type of contract: WORKS
   
   II.1.4) Short 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).
   
   II.1.6) Information about lots
      This contract is divided into lots: No

   II.1.7) Total value of the procurement (excluding VAT)
      Value: 25,000,000      
      Currency: GBP


II.2) Description

   II.2.2) Additional CPV codes:
      50700000 - Repair and maintenance services of building installations.
   

   II.2.3) Place of performance:
      UK UNITED KINGDOM
   
   
   II.2.4) Description of the procurement:
    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). The Underlying Contract is due to expire in March 2024.    
   
   II.2.5) Award criteria
   (Directive 2014/24/EU / Directive 2014/25/EU)
               
   Price - Weighting: 10
         
      
      
   II.2.11) Information about options:
      Options:    No       
   
   II.2.13) Information about European Union funds:
      The procurement is related to a project and/or programme financed by European Union funds:    No

   II.2.14) Additional information:
    Not provided    
      
Section IV: Procedure

IV.1) Description
   
   IV.1.1) Type of procedure: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below         
   
   IV.1.3) Information about framework agreement
         The procurement involves the establishment of a framework agreement: No    
   
   IV.1.8) Information about the Government Procurement Agreement (GPA)
         The procurement is covered by the Government Procurement Agreement:Yes
         
IV.2)Administrative Information

   IV.2.1) Previous publication concerning this procedure:
      Notice number in OJ S: 2008/S 116 - 154021       
   
Section V: Award Of Contract/Concession
      
Award of Contract/Concession No: 1
Contract No: Not Provided    Lot Number: Not Provided    Title: Deed of Variation in relation to Partnering Contract for Responsive Repairs and Maintenance of Housing Stock

V.2) Award of contract/concession
      
      V.2.1) Date of contract award decision: 13/06/2008.
      
      V.2.2) Information about tenders
      The contract has been awarded to a group of economic operators: No .

      V.2.3) Name and address of the contractor/concessionaire, No. 1:
          Mears Limited, 02519234
       1390 Montpellier Court, Gloucester Business Park, Brockworth, Gloucester, GL3 4AH, United Kingdom
       NUTS Code: UK
   The contractor/concessionaire will be an SME: No    
   
         
      V.2.4) Information on value of the contract/lot/concession:
         Initial estimated total value of the contract: 25,000,000          
         Total value of the contract/lot/concession 25,000,000         
         Currency: GBP

      V.2.5) Information about subcontracting:
         The contract is likely to be subcontracted: No          


Section VI: Complementary Information

   VI.3) Additional Information:
      To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=835278579
GO-2024115-PRO-24968879 TKR-2024115-PRO-24968878   
   VI.4) Procedures for review
   
      VI.4.1) Review Body
          High Court of England and Wales
       London, United Kingdom
   
      V1.4.2) Body responsible for mediation procedures:
                High Court of England and Wales
       London, United Kingdom.

      VI.4.3) Review procedure
         The Contracting Authority will conduct itself in accordance with the Public Contracts Regulations 2015    
      
      VI.4.4) Service from which information about the review procedure may be obtained
          The Cabinet Office
       London, United Kingdom
   
   VI.5) Date of dispatch of this notice: 15/01/2024


Annex D1 - General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU


2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

   The procurement falls outside the scope of application of the directive: Yes

3. Explanation

   Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is
   lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
   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.