CTP641 - Provision of Rail Travel

Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU) These modifications are made under the provisions set out in Regulation 72 (1) (c) (i), (ii) and (iii). Central Government Treasury Procurement Policy Note - Responding to COVID-19 PPN 01/20 (pp 6-7) also refers.

The need for contract modification has been brought about by the circumstances of COVID-19 which have meant resources in the contracting authority have been redirected to efforts to support frontline Health and Social Care activities, including direct care for service users and efforts to support supply chain activities. The supply markets have also become unstable and unlikely to respond in many instances to the authorities procurement requirements at this time with the government furlough scheme.

As a result, existing arrangements for certain contracts have been extended for a flexible period of between 6 and a maximum of 12 months, terminable on a monthly basis, while the current circumstances are present. This will ensure statutory requirements for the authority are maintained and disruption to normal business activities is kept to a minimum.

The scale of the impact of COVID-19 and the uncertain duration could not have been foreseen by the contracting authority.Due to the Covid-19 outbreak, the majority of new procurements have been temporally postponed to ensure that the authority remains transparent in the way new procurements are tendered. Following external legal advice on the lack of personnel resource in many businesses across the country, and therefore the likely inability to complete professional tender submissions, DCC has taken the view that the progression of current active out to market procurements should be viewed on an individual basis & in certain cases postponed. This contract renewal has been postponed by up to 12 months.