Catering services

Tender description

This notice relates to the proposed non-material modification of an existing contract. The need for this modification has come about as a result of unforeseen circumstances outwith SCTS’s control, the modification is an extension of time only and therefore does not change the overall nature of the contract and the value of the modification is circa 24 % of the value of the original contract. SCTS proposes to extend the original contract for a maximum period of 1 year (proposed modification). SCTS considers that the proposed modification to the original agreement is not “substantial”, pursuant to Arts. 72(1)(c), 72(1)(e) and 72(4) of Directive 2014/24/EU and accordingly that the proposed extension may lawfully be agreed between the parties and implemented without the need to conduct a fresh procurement procedure. The need for this modification has come about as a result of unforeseen circumstances outwith SCTS’s control, the modification is an extension of time only and therefore does not change the overall nature of the contract and the value of the modification is circa 24 % of the value of the Original Contract. In addition: (i) the scope and the character of the contract remains the same; (ii) the modification does not introduce any conditions which would have allowed for a different contractor to be accepted as (a) the identity of the contractor will remain the same; and (b) the tender assessed to be the most economically advantageous had they been submitted as part of the initial procurement procedure would not have changed as a result of the extension to the contract; (iii) there is to be no change to the economic balance of the Original Agreement in favour of the Contractor as the pricing of the contract continues on the same basis as before; and (iv) the one year extension is not a considerable modification in the context of the Original Agreement. The parties now wish to make the Proposed Modification.