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
- The procurement falls outside the scope of application of the directive
Explanation
The objective of this Voluntary Ex Ante Transparency (VEAT) notice is to inform the market of Atlantic Technological University's Mayo Campus intention to enter into a contract with Aramark in accordance with Article 32.2(c) of Directive 2014/24/EU (i.e., reasons of extreme urgency brought about by events unforeseeable by the contracting authority).
This is also a Contract Award Notice for the Service. The modification is to extend the current contract period up-to 15 months whilst a review of future catering provision requirements and strategy is developed across the Atlantic Technological University is undertaken.
Concession Agreement: 2015 agreement expired in 2019, a new competition was advertised in 2019 with “zero” expressions of interest from the market.
GMIT Mayo Campus negotiated a 1-year extension, which commenced on Sept 01st 2019. Contract suspended 16th March 2020 due to pandemic.
Justification for VEAT Notice:
a) Recent merger, extension period of up-to 15 months would enable the ATU the opportunity to develop a new Catering Strategy across all sites, and to align all Catering Concession Contracts namely;
• ATU Sligo, Ash Lane, Sligo
• ATU Galway, Monivea Road, Galway City,
• ATU Mayo, Westport Road, Castlebar, Co Mayo &
• ATU Donegal, Port Road, Letterkenny, Co Donegal
b) Adverse market conditions, Covid-19, Brexit and Ukraine War are continuing to have a negative influence on the Catering and Food Service, with a range of difficulties including: - Supply chain issues, - Recruitment, - Fluctuating price and availability.
c) The main users – the student body have not attended on campus fulltime up to end of current academic year, and the incumbent supplier has not been able to trade in the usual way due to Covid 19 lockdowns and restrictions.
d) Given the ongoing pandemic and economic uncertainty, it is anticipated that it could take until 2023/24 for concession revenues to recover close to 2019 levels.
e) It is currently impossible for ATU to build a specification of requirements as the marketplace has not solidified.
f) Allows an opportunity for the provider to guarantee a return on any investments which was curtailed due to the COVID Pandemic.
ATU believe an extension period of up to 15 months may allow for the sector to recover/stabilise, therefore allowing ATU to secure stronger market competition for re-tender, also allowing a review of future catering provision requirements and strategy to be developed across the Atlantic Technological University to be undertaken.
It is ATU’s intention to commence this process, and to have a new contract in place Q3/Q4 2023.
The procurement is covered by the Government Procurement Agreement
: yes