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: 2016/S 046-075015

Title: Framework Agreement for the provision of legal services to the Development Bank of Wales

V.2 Award of contract/concession

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

10/10/2016

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

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

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

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

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

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

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

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

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

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

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

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: 1 000 000.00  GBP

Section VI: Complementary information

VI.3) Additional information

The Development Bank of Wales ('DBW') intends to implement an extension to the term of the above named Framework Agreement.

The lock down measures implemented to address the impact of the global COVID-19 pandemic have had a dramatic impact on the economy and the business community. During this time DBW has seen unprecedented demand for funding and has delivered the 100m GBP COVID-19 Wales Business Loan Scheme (CWBLS) Fund. FW Capital has also obtained approval from the British Business Bank to deliver loans under the Coronavirus Business Interruption Loan Scheme (CBILS) which is currently available until the end of September.

The focus on operation delivery of CWBLS and CBILS to support the business community over the past three months or so and for the next three months and capacity issues have meant that it has not been possible to progress arrangements for the replacement of the current Framework Agreement which is due to expire on 9th October 2020. Accordingly, the extension of the Framework Agreement is being implemented to allow for the continuity of services to DBW in the short term.

The extension period will commence on 10th October 2020 for a period of six months until 9th April 2021. Procurement activity to replace the Framework Agreement will be run in parallel with the proposed extension, such that the new arrangements will take effect on 10th April 2021.

Whilst this extension falls outside of the original contract term, Regulation 7(1)(c) of the Public Contracts Regulations 2015 provides that contracts and framework agreements may be modified where all of the conditions in Regulation (72)(1)(c) i – iii are fulfilled. We consider that these conditions have been met. Moreover, this is not considered to be a “substantial” extension as provided for in section Regulation 72(1)(e).

(WA Ref:102962)

VI.4) Procedures for review

VI.5) Date of dispatch of this notice

22/07/2020

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications

VII.1.1) Main CPV code

79100000

VII.1.2) Additional CPV code(s)

VII.1.3) Place of performance

NUTS code:

UK

VII.1.4) Description of the procurement

To appoint a number of individual firms, each operating under a framework agreement to provide legal services under 18 distinct subject area packages.

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: 1 000 000.00 GBP

The contract/concession has been awarded to a group of economic operators: Yes

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

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

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

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

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

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

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

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

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

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

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

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

VII.2) Information about modifications

VII.2.1) Description of the modifications

The Development Bank of Wales ('DBW') intends to implement an extension to the term of the above named Framework Agreement.

The extension period will commence on 10th October 2020 for a period of six months until 9th April 2021. Procurement activity to replace the Framework Agreement will be run in parallel with the proposed extension, such that the new arrangements will take effect on 10th April 2021.

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:

Please see Additional Information at VI.3

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: 1 000 000.00 Currency: GBP

Total contract value after the modifications

Value excluding VAT: 350 000.00 Currency: GBP