Defence Online

Type of document: Modification of a contract/concession during its term
Country: United Kingdom
OJEU Ref: (2021/S 184-480299/EN)
Nature of contract: Public works contract
Procedure: Restricted procedure
Regulation of procurement: EU – with participation by GPA countries
Type of bid required: Not applicable

Modification of a contract/concession during its term
Works

Section I: Contracting authority
I.1) Name and addresses
Official name: Scape Procure Limited
National registration number: 09955814
Postal address: 2nd Floor, Tollhouse Hill, East West building,
Town: Nottingham
Postal code: NG15AT
Country: United Kingdom
Contact Person: John Simons
Telephone: +44 1159583200
Email: johns@scapegroup.co.uk
Fax: +44 1159583232
Internet address(es):
Main address:
Address of the buyer profile:

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Scape National Construction Framework

Reference number: SCP003
II.1.2) Main CPV code: 45000000
II.1.3) Type of contract: Works
II.2) Description
II.2.1) Title: Lot No: 4 – Lot title: Major Works — UK
Lot No:4
II.2.2)Additional CPV code(s)
Main CPV code: 09330000
Main CPV code: 31121000
Main CPV code: 45000000
Main CPV code: 45100000
Main CPV code: 45110000
Main CPV code: 45120000
Main CPV code: 45200000
Main CPV code: 45210000
Main CPV code: 45211000
Main CPV code: 45212000
Main CPV code: 45213000
Main CPV code: 45214000
Main CPV code: 45215000
Main CPV code: 45216000
Main CPV code: 45220000
Main CPV code: 45230000
Main CPV code: 45240000
Main CPV code: 45250000
Main CPV code: 45260000
Main CPV code: 45300000
Main CPV code: 45310000
Main CPV code: 45320000
Main CPV code: 45330000
Main CPV code: 45340000
Main CPV code: 45350000
Main CPV code: 45400000
Main CPV code: 45410000
Main CPV code: 45420000
Main CPV code: 45430000
Main CPV code: 45440000
Main CPV code: 45450000
Main CPV code: 70110000
Main CPV code: 70111000
Main CPV code: 71000000
Main CPV code: 71200000
Main CPV code: 71300000
Main CPV code: 71400000
Main CPV code: 71500000
Main CPV code: 71600000
Main CPV code: 71700000
Main CPV code: 71800000
Main CPV code: 71900000
Main CPV code: 70112000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement at the time of conclusion of the contract
Applications were invited from experienced providers of construction (building) works and services who can provide high quality works and services using a customer focused approach particularly in the public sector. It is anticipated that the works and services will be provided by the provider themselves, through their supply chain or via a consortium/joint venture arrangement. Scape was open to receiving responses from consortia, joint ventures, strategic alliances and other such arrangements, however such organisations were required to form a single legal entity to contract with prior to the award of the contract and provide appropriate guarantees and security packages commensurate with the works/services. The nature and types of works that may be required may include those services identified by CPV code on or in connection with any land or property and related asset owned, rented, leased or developed by any of the public sector bodies eligible to use the Framework or on property or related assets in which any of the public sector bodies may have an interest at the time or prospectively and may include projects in the following sectors, amongst others: education, housing, social care, leisure, libraries, blue light, health and social care, offices, transport, military, farms, recycling and waste centres, industrial and commercial buildings and other public sector operational buildings and establishments. The works and services will comprise all types of building construction works and associated mechanical, electrical and services works and may include design and other services as required for a develop and construct or design and build works. The provider will be expected to work closely, and co-operate with local government and other contracting authorities, in-house and external design consultants, contractors and other partner providers. All contract performance will be monitored using a set of comprehensive performance indicators.
This Framework Agreement will be accessible for use by public sector bodies (their statutory successors), corporations established, or a group of individuals appointed to act together as defined by Part 1 of the Public contracts Regulation 2015 or cited by name in Schedule 1 to the Public Contracts Regulations 2015 and online at:
II.2.7) Duration of the contract,framework agreement,dynamic purchasing system or concession
Duration in months:48
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:Call-offs from this contract may be made by any of those Contracting Authorities as listed in II.1.4. Further, that any call off made by those Contracting Authorities as listed may be related to a project(s) or programme(s) funded in full or in part by European Union Structural and Investment Fund (e.g. ESIF).

Section IV: Procedure
IV.2) Administrative information
IV.2.1) Contract award notice concerning this contract
Notice number in the OJ S:2017/S 112-226461
Section V: Award of contract/concession
Contract No: SCP003
Lot No: 4
Title: Lot No: 4 – Lot title: Major Works — UK

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2017-06-01
V.2.2) Information about tenders
V.2.4) Information on value of the contract/lot/concession(at the time of conclusion of the contract;excluding VAT)

Section VI: Complementary information
VI.3) Additional information:
Call-offs from this contract may be made by any of those Contracting Authorities as listed in II.1.4. Further, that any call off made by those Contracting Authorities as listed may be related to a project(s) or programme(s) funded in full or in part by European Union Structural and Investment Fund (e.g. ESIF).
VI.4) Procedures for review
VI.4.1) Review body
Official name: The High Court of England and Wales
Postal address: Royal Courts of Justice Strand London WC2 2LL
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-09-17

Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code: 45000000
VII.1.2) Additional CPV code(s)
Main CPV code: 09330000
Main CPV code: 31121000
Main CPV code: 45000000
Main CPV code: 45100000
Main CPV code: 45110000
Main CPV code: 45120000
Main CPV code: 45200000
Main CPV code: 45210000
Main CPV code: 45211000
Main CPV code: 45212000
Main CPV code: 45213000
Main CPV code: 45214000
Main CPV code: 45215000
Main CPV code: 45216000
Main CPV code: 45220000
Main CPV code: 45230000
Main CPV code: 45240000
Main CPV code: 45250000
Main CPV code: 45260000
Main CPV code: 45300000
Main CPV code: 45310000
Main CPV code: 45320000
Main CPV code: 45330000
Main CPV code: 45340000
Main CPV code: 45350000
Main CPV code: 45400000
Main CPV code: 45410000
Main CPV code: 45420000
Main CPV code: 45430000
Main CPV code: 45440000
Main CPV code: 45450000
Main CPV code: 70110000
Main CPV code: 70111000
Main CPV code: 70112000
Main CPV code: 71000000
Main CPV code: 71200000
Main CPV code: 71300000
Main CPV code: 71400000
Main CPV code: 71500000
Main CPV code: 71600000
Main CPV code: 71700000
Main CPV code: 71800000
Main CPV code: 71900000

VII.1.3) Place of performance
Nuts code:
VII.1.4) Description of the procurement:
Applications were invited from experienced providers of construction (building) works and services who can provide high quality works and services using a customer focused approach particularly in the public sector. It is anticipated that the works and services will be provided by the provider themselves, through their supply chain or via a consortium/joint venture arrangement. Scape was open to receiving responses from consortia, joint ventures, strategic alliances and other such arrangements, however such organisations were required to form a single legal entity to contract with prior to the award of the contract and provide appropriate guarantees and security packages commensurate with the works/services. The nature and types of works that may be required may include those services identified by CPV code on or in connection with any land or property and related asset owned, rented, leased or developed by any of the public sector bodies eligible to use the Framework or on property or related assets in which any of the public sector bodies may have an interest at the time or prospectively and may include projects in the following sectors, amongst others: education, housing, social care, leisure, libraries, blue light, health and social care, offices, transport, military, farms, recycling and waste centres, industrial and commercial buildings and other public sector operational buildings and establishments. The works and services will comprise all types of building construction works and associated mechanical, electrical and services works and may include design and other services as required for a develop and construct or design and build works. The provider will be expected to work closely, and co-operate with local government and other contracting authorities, in-house and external design consultants, contractors and other partner providers. All contract performance will be monitored using a set of comprehensive performance indicators.
This Framework Agreement will be accessible for use by public sector bodies (their statutory successors), corporations established, or a group of individuals appointed to act together as defined by Part 1 of the Public contracts Regulation 2015 or cited by name in Schedule 1 to the Public Contracts Regulations 2015 and online at:
VII.1.5) Duration of the contract,framework agreement,dynamic purchasing system or concession
Duration in months:48
VII.1.6) Information on value of the contract/lot/concession(excluding VAT)
VII.2) Information about modifications VII.2.1) Description of the modifications
Nature and extent of the modifications(with indication of possible earlier changes to the contract):
It is hereby agreed that the following changes are to be made in certain clauses of the Framework Agreement:
In Clause 1.1 (Definitions and Interpretation), the definition of “Delivery Agreement” shall be deleted and shall be replaced by the following definition: a call-off from this Agreement, being an agreement between a Contractor and an Employer formed once that agreement has been executed by an Employer and the Contractor in one of the forms set out in Schedule 8,9,10 &11 with any required project specific amendments necessitated by the detail of any individual project detailed in the advertisement for the tender and which by reference incorporates the Contract Data, the Model Delivery Agreement and any Optional Clauses.
Clause 3.1 (Commencement, duration and termination of this Agreement) shall be deleted and shall be replaced by the following:
“This Agreement shall commence on the Commencement Date and shall terminate on 8th September 2021 or earlier in accordance with the provisions of this Agreement (provided always that this shall not prevent the continuity of any works or services pursuant to a Delivery Agreement previously entered into, nor shall it prevent the entry into of any subsequent Delivery Agreements in relation to a Project, the subject of such earlier Delivery Agreement)”.
Clause 5.1(f) (Services to be provided by the Contractor) shall be deleted and shall be replaced by the following:
“No Project Request or Delivery Agreement shall be entered into after termination of this Agreement, save in accordance with the proviso set out in Clause 3.1”.

VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not
foresee(Art.43(1)(c) of Directive 2014/23/EU, Art.72(1)(c) of Directive 2014/24/EU, Art.89(1)(c) of Directive 2014/25/EU)
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a
change of contractor:

VII.2.3) Increase in price