Engineering, Infrastructure and Transport Consultancy Services for Ebbsfleet Central Area - Modification of existing public contract

Tender description

The Site of Special Scientific Interest designation which was the principle cause of this contract variation occurred during the duration of the contract. The designation created a significant new constraints and impacted all aspects of the drafted outline planning application and proposed development. At this stage the contracted services were well progressed and the Supplier was fully integrated into the project and had undertaken significant work. A change of contractor would have created significant abortive cost to the Contracting Authority including loss of time whilst a new contractor were onboarded and duplication of all work undertaken to date by the existing supplier. 72(1) C allows for modifications to made if brought about by circumstances which a diligent contracting authority could not have foreseen. Ebbsfleet Development Corporation undertook significant due diligence prior to contracting this supplier and there was no evidence that Natural England were considering a Site of Special Scientific Interest designation during the procurement of the services and this is therefore considered to be an unforeseeable circumstance.