Modification of a framework agreement without a new procurement procedure

Description

Modification of a contract under Regulation 71(1)(e) of the Public Contracts Regulations 2015 (PCR). The Department for Education (DFE) awarded the DfE Construction Framework, a multi-supplier construction framework made up of 3 value bands and 22 lots, to support its educational infrastructure delivery programmes and other initiatives (the 2021 Framework). The procurement was advertised in Contract Notice (2020/S 252-638043) and resulted in various contractors being appointed to the 2021 Framework as detailed in the Contract Award Notice (2022/S 032-083381). The Contract Notice and Contract Award Notice can be found here: https://ted.europa.eu/en/notice/-/detail/638043-2020 https://ted.europa.eu/en/notice/-/detail/83381-2022 The DFE intends to issue a variation agreement to the remaining 24 contractors appointed to the 2021 Framework (as detailed in the Contract Award Notice (save for those that have since become insolvent)) to modify the framework agreement to extend the duration of the 2021 Framework by 5 months for the reasons set out in this notice. The 2021 Framework commenced in December 2021, and was for a duration of 4 years with an expiry date of 30 November 2025 and an estimated value of £7bn. The proposed modification seeks to extend the duration beyond the 4 year term by a period of 5 months, meaning it will now expire on 30 April 2026. The 5 months extension period was not provided for in the originally awarded Framework. The DFE intends to vary and extend the 2021 Framework with all the remaining contractors originally appointed to the 2021 Framework and that variation will take place no earlier than the expiry of 10 days from the publication of this notice. Lot 1: High Value Band: North The High Value Band consists of two separate geographical lots divided between North and South. This lot covers the geographical areas of the North East of England, North West of England, Yorkshire and the Humber, East Midlands and West Midlands. Lot 2: High Value Band: South The High Value Band consists of two separate geographical lots divided between North and South. This lot covers the geographical areas of the East of England, London, South East of England and the South West of England. Lot 3: Medium Value Band: North East of England and Yorkshire The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical areas of the North East of England and Yorkshire. Lot 4: Medium Value Band: East Midlands The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical area of the East Midlands. Lot 5: Medium Value Band: East of England The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical area of the East of England. Lot 6: Medium Value Band: London The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical areas of London. Lot 7: Medium Value Band: South East of England The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical area of South East of England. Lot 8: Medium Value Band: South West of England The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical area of the South West of England. Lot 9: Medium Value Band: West Midlands The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical area of the West Midlands. Lot 10: Medium Value Band: North West of England The Medium Value Band consists of eight separate geographical lots divided between North East of England and Yorkshire, East Midlands, East of England, London, South East of England, South West of England, West Midlands and North West of England. This lot covers the geographical area of the North West of England. Lot 11: Low Value Band: North East of England. The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of North East of England. Lot 12: Low Value Band: Yorkshire and the Humber The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Yorkshire and Humber. Lot 13: Low Value Band: East Midlands The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of East Midlands. Lot 14: Low Value Band: East of England A The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of East Anglia. Lot 15: Low Value Band: East of England B The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Bedfordshire, Hertfordshire and Essex. Lot 16: Low Value Band: London The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of London. Lot 17: Low Value Band: South East of England A The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Kent, Surrey, East Sussex and West Sussex. Lot 18: Low Value Band: South East of England B The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Berkshire, Buckinghamshire, Oxfordshire, Hampshire and the Isle of Wight. Lot 19: Low Value Band: South West of England A The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Gloucestershire, Wiltshire the Bath/Bristol area, Dorset and Somerset. Lot 20: Low Value Band: South West of England B The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of Devon, Cornwall and the Isles of Scilly. Lot 21: Low Value Band: West Midlands The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of the West Midlands. Lot 22: Low Value Band: North West of England The Low Value Band consists of twelve separate geographical lots divided between North East of England, Yorkshire and the Humber, East Midlands, East of England A, East of England B, London, South East of England A, South East of England B, South West of England A, South West of England B, West Midlands and North West of England. This lot covers the geographical area of North West England.