Modification notice

Modification of a contract/concession during its term

Section I: Contracting entity

I.1) Name and addresses

Section II: Object

II.1) Scope of the procurement

II.2) Description

Section IV: Procedure

IV.2) Administrative information

Section V: Award of contract/concession

Contract No: RM6145

V.2 Award of contract/concession

V.2.1) Date of conclusion of the contract/concession

17/04/2020

V.2.2) Information about tenders

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor/concessionaire

V.2.4) Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot: /concession: 315 000 000.00  GBP

Section VI: Complementary information

VI.4) Procedures for review

VI.5) Date of dispatch of this notice

24/04/2024

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications

VII.1.1) Main CPV code

80000000

VII.1.2) Additional CPV code(s)

72000000

72220000

75121000

75130000

79420000

79998000

80000000

80300000

80330000

80400000

80420000

80430000

80500000

80510000

80520000

80521000

80522000

80530000

80531200

80532000

80550000

80560000

80561000

80562000

80570000

80580000

80590000

92312212

98910000

VII.1.3) Place of performance

NUTS code:

UK

VII.1.4) Description of the procurement

We ran this competition using the ‘open procedure. The procurement was conducted under the Light Touch Regime (‘LTR’) therefore was subject to limited regulation and conducted in accordance with regulations 74 to 76 PCR 2015. Crown Commercial Service (CCS) sought to establish a Framework Contract to support delivery of learning and development.on behalf of the Minister for the Cabinet Office. The Framework Agreement is available for use by UK public sector bodies as

described in the customer list. The framework consists of the following lots: Lot 3 - Combined Lot 1 and Lot 2 Lot 6 - Combined Lot 4 and Lot 5 Suppliers will be required to provide the deliverables set out in the Specification.

VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession

Duration in months: 48

VII.1.6) Information on value of the contract/lot/concession (excluding VAT)

Total value of the procurement: 472 500 000.00 GBP

The contract/concession has been awarded to a group of economic operators: No

VII.1.7) Name and address of the contractor/concessionaire

VII.2) Information about modifications

VII.2.1) Description of the modifications

Notice of modifications to CCS’ Learning and Development Framework (RM6145) procured pursuant to Contract Notice 2020/S 127-312150 (“the Framework”):

(i) The estimated values of the two lots under the Framework have been increased as follows:

• Lot 3 has increased from £170,000,000.00 to £255,000,000.00 (ex VAT)

• Lot 6 has increased from £145,000,000.00 to £217,500,000.00 (ex VAT): and

(ii) The Framework term has been extended by 3 months and the Framework will now expire on 16 July 2024.

No other modifications will be made to the Framework.

CCS’ view is that the modifications above were permitted pursuant to Regulation 72(1)(b) of the Public Contracts Regulations 2015 (PCR).

Regulation 72(1)(b) provides that a modification is permitted in the following case:

for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor—

(i)cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and

(ii)would cause significant inconvenience or substantial duplication of costs for the contracting authority,

provided that any increase in price does not exceed 50% of the value of the original contract.

In the alternative, the extension to the Framework term by 3 months is non-substantial and therefore is permitted pursuant to Regulation 72(1)(e).

As set out above, these are permitted modifications under the PCR, but, in the event that either of the modifications are deemed not to be a permitted modification under the PCR, then this notice should be treated as providing the requisite notice of a contract award.

VII.2.2) Reasons for modification

Need for additional works, services or supplies by the original contractor/concessionaire

Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:

CCS’ view is that the modifications above were permitted pursuant to Regulation 72(1)(b) of the Public Contracts Regulations 2015 (PCR).

Regulation 72(1)(b) provides that a modification is permitted in the following case:

for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor—

(i)cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and

(ii)would cause significant inconvenience or substantial duplication of costs for the contracting authority,

provided that any increase in price does not exceed 50% of the value of the original contract.

In the alternative, the extension to the Framework term by 3 months is non-substantial and therefore is permitted pursuant to Regulation 72(1)(e).

VII.2.3) Increase in price

Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)

Value excluding VAT: 315 000 000.00 Currency: GBP

Total contract value after the modifications

Value excluding VAT: 472 500 000.00 Currency: GBP