Modification of a framework agreement without a new procurement procedure

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.