Ireland – Architectural, construction, engineering and inspection services – Dublin City Council Modification Notice - Contract for Refurbishment & Redevelopment of Rutland Street School, Summerhill, Dublin 1

This Contract Award Notice is acting as a Modification Notice under Article 72 of 2014/24/EU to a tender published on the previous eTenders system, prior to the introduction of new TED eForms. Dublin City Council ran a mini competition in January 2018 for Refurbishment & Redevelopment of Rutland Street School, Summerhill, Dublin 1 from a Dublin City Council Multi Party Framework Agreement for Architect Led Design Team Services. Nine separate modifications to this contract have been necessary since then. The total value of these modifications is €1,571,694.10. Each modification does not exceed 50% of the original contract value. Dublin City Council is relying on Article 72.1 Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Directive: (b) for additional works, services or supplies by the original contractor that have become necessary and that 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. However, any increase in price shall not exceed 50% of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.” The Deputy City Architect has reviewed the additional fees and has concluded that it is evident that the level of services required to manage the Rutland Street contract is significantly higher than what would reasonably be expected for a contract of this nature and the period for the required service has been prolonged. This level of additional work and the extent of prolongation could not have been reasonably foreseen at tender stage.