Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
Welsh Government - Commercial Delivery
T’yr Afon, Bedwas Road
Caerphilly
CF83 8WT
UK
E-mail: commercialprocurement.buildings@gov.wales
NUTS: UKL
Internet address(es)
Main address: https://gov.wales/public-sector-procurement
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA27760
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
WGCD Adverse Weather Forecasting Service Framework
Reference number: WGCD-BU-114-22
II.1.2) Main CPV code
71351600
II.1.3) Type of contract
Services
II.2) Description
II.2.2) Additional CPV code(s)
71351600
II.2.3) Place of performance
NUTS code:
UKL
II.2.4) Description of the procurement
This modification notice relates to an increase in the original contract value of the WGCD Adverse Weather Forecasting Services Framework. These services are required to manage and operate the road network in Wales during adverse weather conditions.
The modification is being made by the Welsh Government's Commercial Delivery Division (WGCD). The WGCD acted on behalf of the Welsh public sector to establish a collaborative framework agreement for Adverse Weather Forecasting Services.
Key customers for this agreement are the Welsh Government and its trunk road agencies; and the majority of Welsh local authorities but the agreement can be used by any eligible Welsh public sector or third-party organisations.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 48
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2022/S 022-120643
Section V: Award of contract/concession
Contract No: WGCD-BU-114-22
Title: WGCD Adverse Weather Forecasting Service Framework
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
11/07/2022
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor/concessionaire
DTN LLC
11400 Rupp Dr, New Street
Burnsville
55337
US
Telephone: +44 8004754755
NUTS: US
The contractor/concessionaire is an SME:
No
V.2.3) Name and address of the contractor/concessionaire
MetDesk
Hale Court, Hale Road, Wendover
Aylesbury
HP226NJ
UK
Telephone: +44 7903005034
NUTS: UK
The contractor/concessionaire is an SME:
Yes
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 1 650 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
(WA Ref:141522)
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
UK
Telephone: +44 2079477501
VI.4.4) Service from which information about the review procedure may be obtained
Welsh Government Commercial Delivery Division
T’yr Afon, Bedwas Road
Caerphilly
CF83 8WT
UK
E-mail: commercialprocurement.buildings@gov.wales
VI.5) Date of dispatch of this notice
22/05/2024
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
71351600
VII.1.2) Additional CPV code(s)
VII.1.3) Place of performance
NUTS code:
UKL
Main site or place of performance:
Wales
VII.1.4) Description of the procurement
This modification notice is to increase the contract value of the WGCD Adverse Weather Framework Agreement. This agreement covers the provision of adverse weather forecasting services and related services which are critical to the safe management and operation of the road network in Wales.
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: 1 650 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
Yes
VII.1.7) Name and address of the contractor/concessionaire
METDESK LTD
METDESK LTD, 3 Station Approach
Wendover
HP226BN
UK
NUTS: UK
The contractor/concessionaire is an SME:
Yes
VII.1.7) Name and address of the contractor/concessionaire
DTN LLC
11400 Rupp Dr, New Street
Burnsville
55337
US
NUTS: US
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
This modification is to increase the published contract value of the WGCD Adverse Weather Forecasting Services Framework by 550,000 GBP
Explanation:
The Adverse Weather Forecasting Services Framework will reach the end of its four year term in September 2026. This modification will ensure that the framework spend remains complaint within the published contract value over the remaining duration of the framework. The modification will ensure continuity of supply of services that are critical to the safe operation of the Welsh road network.
The modification to the Framework is permissible under Regulation Reg 72 (1) (c) Public Contracts Regulations 2015. Under this Regulation amendments can be made to the framework if the following conditions are met:
(i) the need for the modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
Our assessment has concluded that these conditions have been met as follows:
(i) there has been greater customer usage of the framework than was originally estimated following pre-tender stakeholder engagement which the WGCD could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) the increase of 550,000 GBP does not exceed 50% of the original framework value
VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The WGCD undertook significant customer engagement with its established category forum group and analysis of historical spend data on the previous iteration of the WGCD Adverse Weather Forecasting Services Framework in order to agree the estimated original contract value as detailed in the tender award notice. However customer usage of the framework has been greater than the original estimate which the WGCD could not have foreseen. As such this modification is required to ensure that the framework spend remains complaint within the published contract value over the remaining duration of the framework.
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: 1 100 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 1 650 000.00 Currency: GBP