Within this procedure, the contracting authority aims to implement the objective named "Modification Notice to RFT ID 241272
Multi-Operator Framework Agreement for the Provision of Active Travel Design Services
".
The project will be implemented in Dublin, as stated in the tender documentation.
The estimated duration of the project is currently unavailable.
This tender is listed in the CPV nomenclature with code 71300000, associated with: Engineering services.
The public authority involved in this procurement is Dublin City Council.
Public Tender Overview:
This Contract Award Notice is acting as a Modification Notice under Article 72 of 2014/24/EU to RFT ID 241272
Multi-Operator Framework Agreement for the Provision of Active Travel Design Services.
This includes the roles of Designer, Project Supervisor Design Process as well as provide site supervision and contract administration services and ancillary services.
The framework value is being increased by €2,600,000 from €7,000,000 to €9,600,000 excluding VAT
published on the previous eTenders system, prior to the introduction of new TED eForms.
A Multi Party Framework Agreement for the provision of Active Travel Design services was established on 01/08/2023 with the following suppliers at a value of €7,000,000
Jacobs Engineering Ireland Ltd
Ove Arup & Partners Ireland Ltd t/a Arup
Mott MacDonald Ireland Ltd
DBFL Consulting Engineers
OJEU Contract notice number concerning this contract:
S: 2023/S 097-304727 published: 17/05/202
OJEU Contract award notice number concerning this contract:
S: 2023/S 195- 611083 published: 05/10/2023
Since the the Framework has been established, it has become necessary to modify the value under Article 72 of Directive 2014/24/EU
Clause 26 of the services contracts allow for: “The maximum price chargeable by the Contractor during the initial year of the Contract is as set out in Schedule C. Price changes, if applicable, will be in line with the Consumer Price Index or by any method agreed between the various parties.” This clause in the contract is being exercised and will result in an increase in the price chargeable, with a consequent increase on the overall value of the Framework.
This is justified under Article 72 (1) (a) where the modifications, irrespective of their monetary value, have been provided for in the initial procurement documents in clear, precise and unequivocal review clauses, which may include price revision clauses, or options. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract or the framework agreement.
Additional demands on design services to deliver the priority routes is such that the design efforts required are significantly higher than originally envisaged in terms of the additional major projects requirements that have come on-stream since the setting up of the Framework. This includes bespoke designs beyond the provisions of the Cycle Design Manual (CDM) and the Design Manual for Urban Roads and Streets (DMURS). In addition to accommodating emerging stakeholder requirements such as on boarding Disabled Persons Organisations (DPO’s).
Additional demands on design services to coordinate with emerging and developing transportation plans for the city centre and BusConnects interface areas are also necessitating significant reworking of design solutions. The modification will not alter the overall nature of the contract/framework which remains service providers to carry out the roles of Designer, Project Supervisor Design Process as well as provide site supervision and contract administration services and ancillary services.
The modification required is under 37.1% of the original framework value.
This is justified under Article 72 (1) (c)
(i)the need for modification has been brought about by circumstances which a diligent contracting authority could not foresee;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price is not higher than 50% of the value of the original contract or framework agreement. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.”
The demands on design services to deliver the priority routes is such that the design efforts required are significantly higher than originally envisaged. This includes bespoke designs beyond the provisions of the Cycle Design Manual (CDM) and the Design Manual for Urban Roads and Streets (DMURS). In addition to accommodating emerging stakeholder requirements such as on boarding Disabled Persons Organisations (DPO’s).
Additional demands on design services to coordinate with emerging and developing transportation plans for the city centre and BusConnects interface areas are also necessitating significant reworking of design solutions.
Substantial economic cost and technical reworking would be required if different new contractors had to be appointed and a new/additional office accommodation had to be provided. Such new appointment would cause significant inconvenience and substantial duplication of costs, including accommodation costs for that would be incurred by Dublin City Council.
This is justified under Article 72 (1)(b) for additional works, services or supplies by the original contractor that have become necessary and that were not included in the initial procurement where a change of contractor:
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority. ….
However, any increase in price shall not exceed 50% of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.”
Dublin City Council confirms that the value of the modification does not exceed 50% of the original Framework value.
The Multi-Party Framework for the Provision of Active Travel Design Services has a value of seven million euro (€7,000,000.00) excluding VAT, A VAT rate of 23% applies
OJEU Contract notice number concerning this contract:
S: 2023/S 097-304727 published: Enter date 17/05/2023
Date of contract award decision:
01/08/2023
OJEU Contract award notice number concerning this contract:
S: 2023/S 195- 611083 published: 05/10/2023
It has now become necessary to modify the value of the framework in accordance with Article 72.1 Public Sector Directive 2014/24/EU.
In accordance Article 72.1 Public Sector Directive 2014/24/EU. Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Directive in any one of the following ways
1)(a) where the modifications, irrespective of their monetary value, have been provided for in the initial procurement documents in clear, precise and unequivocal review clauses, which may include price revision clauses, or options. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract or the framework agreement.
Reason for modification in this instance
Clause 26 of the services contracts allow for: “The maximum price chargeable by the Contractor during the initial year of the Contract is as set out in Schedule C. Price changes, if applicable, will be in line with the Consumer Price Index or by any method agreed between the various parties.” This clause in the contract is being exercised and will result in an increase in the price chargeable, with a consequent increase on the overall value of the Framework.
1)(b) for additional works, services or supplies by the original contractor that have become necessary and that were not included in the initial procurement where a change of contractor:
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority. ….
However, any increase in price shall not exceed 50% of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.”
The demands on design services to deliver the priority routes is such that the design efforts required are significantly higher than originally envisaged. This includes bespoke designs beyond the provisions of the Cycle Design Manual (CDM) and the Design Manual for Urban Roads and Streets (DMURS). In addition to accommodating emerging stakeholder requirements such as on boarding Disabled Persons Organisations (DPO’s).
Additional demands on design services to coordinate with emerging and developing transportation plans for the city centre and BusConnects interface areas are also necessitating significant reworking of design solutions.
Substantial economic cost and technical reworking would be required if different new contractors had to be appointed and a new/additional office accommodation had to be provided. Such new appointment would cause significant inconvenience and substantial duplication of costs, including accommodation costs for that would be incurred by Dublin City Council.
The modification required is under 37.1% of the original framework value
1)(c) where all of the following conditions are fulfilled:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not foresee;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price is not higher than 50% of the value of the original contract or framework agreement. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.”
Additional demands on design services to deliver the priority routes is such that the design efforts required are significantly higher than originally envisaged in terms of the additional major projects requirements that have come on-stream since the setting up of the Framework. This includes bespoke designs beyond the provisions of the Cycle Design Manual (CDM) and the Design Manual for Urban Roads and Streets (DMURS). In addition to accommodating emerging stakeholder requirements such as on boarding Disabled Persons Organisations (DPO’s).
Additional demands on design services to coordinate with emerging and developing transportation plans for the city centre and BusConnects interface areas are also necessitating significant reworking of design solutions.
The modification will not alter the overall nature of the contract/framework which remains service providers to carry out the roles of Designer, Project Supervisor Design Process as well as provide site supervision and contract administration services and ancillary services.
The modification required is under 37.1% of the original framework value.
(1)(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 4 of Article 72”The modification is not such it would have affected participation in the original procurement. The modification does not affect the economic balance of the contracts. The scope of the framework and contracts are not extended. The modification will ensure that the projects that the under design will be fully designed to enable contractor procurement without changing the designer. This modification does not include a change of contractor.
Modification value: €2,600,000
Dublin City Council confirms that the value of this modification does not exceed 50%
...
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