Design Services New Maritime Museum & Archive ED-03-13

Description

The Maritime Museum and Archive Project is for a new museum to be located in existing listed buildings at Ebrington in Derry~Londonderry. Derry City and Strabane District Council is the Contracting Authority. In 2015, following a Public Procurement Exercise under the Restricted Procedure for the Appointment of a Multi Disciplinary Consultant Team for the delivery of the Maritime Museum and Archive Project, Todd Architects were the successful Economic Operator and were duly appointed for, the sum of £490,400.00, for the provision of architectural led integrated consultancy team professional consultancy services. At the time of their appointment, it was expected that the project would be completed in 2019. In 2018 the project was put on hold prior to the procurement of the Contractor, as the Contracting Authority was awaiting funding. At that time, the Integrated Consultant Team ("ICT") had completed RIBA Stages 1-3 and 85% of RIBA Stage 4. The project was on hold from 2018 until late 2023 due to funding issues. Funding is now in place for the completion of the project and such is required to be utilised very urgently. The original project completion was due in 2019. Currently it is anticipated that completion will occur in 2026. Lot 1: The Maritime Museum and Archive Project is for a new museum to be located in existing listed buildings at Ebrington in Derry~Londonderry. Derry City and Strabane District Council is the Contracting Authority. In 2015, following a Public Procurement Exercise under the Restricted Procedure for the Appointment of a Multi Disciplinary Consultant Team for the delivery of the Maritime Museum and Archive Project, Todd Architects were selected as the successful Economic Operator and were duly appointed, for the sum of £490,400.00, for the provision of architectural led integrated consultancy team professional consultancy services. At the time of their appointment, it was expected that the project would be completed in 2019. In 2018 the project was put on hold prior to the procurement of the Contractor, as the Contracting Authority was awaiting funding. At that time, the ICT had completed RIBA Stages 1-3 and 85% of RIBA Stage 4. The project was on hold from 2018 until late 2023. Funding is now in place for the completion of the stated project. The original project completion was due in 2019. Currently it is anticipated that the completion will occur in 2026. Derry City and Strabane District Council, the Contracting Authority, intends that the ICT appointed in 2015, complete the commission for which they were appointed. There have been a number of consequences as a result of the prolonged stand still of the project. During this time, there have been changes in legislation, in particular building control. Additionally, the statutory approvals for the project have lapsed and other changes have occurred, that could not have been reasonably been foreseen, that have impacted the project. Additionally, the project has been adversely affected by the extremely high rate of construction inflation during recent years. Neither the high rate of construction inflation nor the protracted period of standstill of the project could have been reasonably foreseen by the appointed consultant at the time of tendering for the project in 2015. Derry City and Strabane District Council, the Contracting Authority, is minded to amend the contract with Todd Architects, by the introduction of the X1 clause to the NEC3 PSC to address the inflationary impact on fees for the remainder of the contract. The scope of the project and the work that Todd Architects is required to perform has not materially changed. The original appointment was made using a NEC3 Option A Professional Services Contract that did not include an X1 Clause (Price Adjustment for inflation clause). At the time of appointment of Todd Architects, it was expected that the project would be complete by 2019. The anticipated completion date is currently 2026, some seven years later. During this time there have been unprecedented inflationary rises. In order to mitigate this significant increase, it is reasonable and necessary to apply the X1 clause for the remainder of the project. The Contracting Authority is minded that the proposed change to the contract is in accordance with regulation 72 of the Public Procurement Regulations Contracts. In this regard, it states that: 72.-(1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:- (e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph (8); The Contracting Authority is of the opinion that had the X1 clause been included in the original tender, the tender selection would have remained unchanged. It would not have attracted additional participants to the tender process, nor would it have changed the candidates selected, nor the outcome of the tender selection. Under the terms of the Public Procurement Regulations 72, a Voluntary Ex- Ante Transparency VEAT notice is required to cover a variation to the contract between Derry City and Strabane District Council, the Contracting Authority and the Integrated Consultant Team led by Todd Architects for the Maritime Museum Project in Derry~Londonderry. Derry City and Strabane District Council, the Contracting Authority is therefore publishing this Voluntary Ex Ante Transparency Notice to cover a variation to the stated contract and for additional tasks to be carried out necessary as a result of changes in legislation and lapses in statutory approvals. It should be noted that the scope of the original commission has not changed.