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

UK-Peterborough: Overhaul and refurbishment work.

Section I: Contracting Authority

   I.1) Name, Addresses and Contact Point(s):
       Cross Keys Homes Limited
       Shrewsbury Avenue, Peterborough, PE2 7BZ, United Kingdom
       Tel. +44 1733385000, Email: stuart.fort@crosskeyshomes.co.uk
       Contact: Stuart Fort
       Main Address: https://www.crosskeyshomes.co.uk/
       NUTS Code: UK

   I.2) Joint procurement:
      The contract involves joint procurement: No          
      In the case of joint procurement involving different countries, state applicable national procurement law: Not Provided
      The contract is awarded by a central purchasing body: No

   I.4)Type of the contracting authority:
      Body governed by public law

   I.5) Main activity:
      Housing and community amenities

Section II: Object Of The Contract

   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 (as previously extended in line with Notice 2024/S 000-001359) between CKH and Mears (the "Underlying Contract") by a further period of 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). CKH has commenced a procurement procedure for a replacement contract in compliance with the Public Contracts Regulations 2015 which is currently underway, and the proposed extension seeks to facilitate the time required to conclude that procurement exercise.

      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 code(s):
            50700000 - Repair and maintenance services of building installations.
            45300000 - Building installation work.
            45211000 - Construction work for multi-dwelling buildings and individual houses.
            45451000 - Decoration work.
            75200000 - Provision of services to the community.
            77314000 - Grounds maintenance services.
            50800000 - Miscellaneous repair and maintenance services.


      II.2.3) Place of performance
      Nuts code:
      UK - UNITED KINGDOM
   
      Main site or place of performance:
      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 2025.

      II.2.5) Award criteria:
                  
      Price - Weighting: 100
            

      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 (please complete Annex D1)


   IV.1.3) Information about a framework agreement or a dynamic purchasing system
      The procurement involves the establishment of a framework agreement: No       
      

   IV.1.6) Information about electronic auction
      An electronic auction has been used: 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
       Not Provided
   

   IV.2.9) Information about termination of call for competition in the form of a prior information notice
      The contracting authority will not award any further contracts based on the above prior information notice: No

Section V: Award of contract

Award Of Contract (No.1)

   Contract No: Not Provided    
   Lot Number: Not Provided    
   Title: Deed of variation in relation to repairs and maintenance contract

   A contract/lot is awarded: Yes


   V.2) Award of contract

      V.2.1) Date of conclusion of the contract: 17/03/2025

      V.2.2) Information about tenders
         Number of tenders received: 1
         Number of tenders received from SMEs: Not Provided          
         Number of tenders received from tenderers from other EU Member States: Not Provided          
         Number of tenders received from tenderers from non-EU Member States: Not Provided          
         Number of tenders received by electronic means: Not Provided

      V.2.3) Name and address of the contractor

      The contract has been awarded to a group of economic operators: No
         
         Contractor (No.1)
             Mears Limited, 02519234
             1390 Montpellier Court, Gloucester Business Park, Brockworth, Gloucester, GL3 4AH, United Kingdom
             NUTS Code: UK
            The contractor is an SME: No

      V.2.4) Information on value of the contract/lot (excluding VAT)
         Initial estimated total value of the contract/lot: 25,000,000          
         Total value of the contract/lot: 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: This notice shows CKH has entered 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 was 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 (as detailed in the Voluntary Transparency Noted [2/14/25 2:05 PM with reference: 2025/S 000-005158 ]. The Underlying Contract is varied in order to extend the duration of the Underlying Contract by a period of one (1) year. This modification is being made in accordance with regulation 72(1)(e) and 72(8) of the Public Contracts Regulations 2015.
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=934591675
   VI.4) Procedures for review

      VI.4.1) Review body
          High Court of England and Wales
          London, United Kingdom

      VI.4.2) Body responsible for mediation procedures
          High Court of England and Wales
          London, United Kingdom

      VI.4.3) Review procedure
         Precise information on deadline(s) for review procedures: 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
          Cabinet Office
          London, United Kingdom

   VI.5) Date of dispatch of this notice: 20/03/2025




ANNEX D

   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
          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.