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
- Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive
Explanation
Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive.
A number of schools require urgent permanent intervention works. Temporary measures ensure staff and student safety, but the permanent remediation works were required to be identified and carried out as quickly as possible when the schools are closed due to capacity constraints for alternative accommodation during the school term. The 2019 summer holidays were identified as the next available opportunity when the particular schools would be vacated for a sufficient period to carry out the works.
Extensive planning was required in order to ensure that this narrow availability was maximised. It was known that each school involved its own investigation, design and remediation solution. That would require very close collaboration between the contractor and design team involved, and early investigation work at the various schools involved throughout Q1 2019 in order to have solutions worked out before remediation commenced in the 2019 summer holidays.
Having regard to the time and difficulty in preparing meaningful documents, given the uncertainties of the scope and nature of the works, and the time required post-award to allow a start on site in the 2019 summer holidays, there was no possibility of complying with the time limits specified for the open procedures or restricted procedures or competitive procedures with negotiation, including any shortened periods.
The inability to precisely define the scope of the works (given that the scope of remediation required in each school will depend on the results of the investigative work and the design solution) in advance of entering into the contract means that the contract price is not capable of definition. Rates and prices have been agreed with the Contractor and these will be used in the valuation of the work on a monthly basis per school. The reference at paragraph V.2.4 should be understood in that light.
The value of the contract is confidential due to the on-going legal process with respect to the Schools Remediation Programme
The procurement is covered by the Government Procurement Agreement
: yes