This Contract Award Notice is acting as a Modification Notice under Article 72 of 2014/24/EU to RFT ID 219632 - Mini-Competition for design services for the restoration, refurbishment, auxiliary building & landscaping works associated with the redevelopment of the Fruit & Vegetable Market, Dublin 7. This is a mini competition falling from the Multi Party Framework Agreement established under RFT 142472 Lot 1 published on the previous eTenders system, prior to the introduction of new TED eForms.

A contract was awarded to Cotter & Naessens Architect for for design services for the restoration, refurbishment, auxiliary building & landscaping works associated with the redevelopment of the Fruit & Vegetable Market, Dublin 7 at a value of €824,759.00 on 06/03/2023. Description of the procurement at the time of conclusion of the contract: Dublin City Council requires Multi-party Architect Led Integrated Design Team Services, including a Grade 1 Conservation Architect, to deliver all architectural, design and contract management services required for the restoration, refurbishment, auxiliary building works and landscaping, associated with the redevelopment of the Fruit & Vegetable Market Building, a protected structure, for use as a new retail food market and ancillary uses. The design team services outlined above are required for Stages 2c Detail Design to Stage 5 Handover only. The tenderers should note that while the Contracting Authority seek a full design package as set out in the Part 8 planning documentation, to tender stage; the construction work will be limited to a maximum available budget of €7.6 million (incl. VAT and professional fees) and will prioritise the building repair and conservation works. It will be the successful tenderers responsibility to edit the design package for issue to a contractor to align with this maximum construction value budget. Elements not obtainable for delivery due to budget constraints are to be itemised, and their detail design / specification compiled as a separate package for future delivery by the Contracting Authority. Works that are not achievable in the project budget (€7.6 million URDF Funding) will not progress to construction stage. Therefore, the Design Team shall endeavour to include as much of the building repair and conservation works as possible in the construction contract. Description of the procurement after the modification: The modification requires the IDT to provide Additional Services for Stages 4 & 5. They are now required to deliver and manage the construction of the full package of works as designed. This includes all repair and conservation works, landscaping, new build elements and mechanical and electrical services associated with facilitating the future market operators fit out. Reasons for modification: Additional services relating to consolidate the construction phase of the project - conservation and new build into one phase. The contractor is now required to deliver all Integrated Design Team services associated with project stages 4 and 5 to deliver all conservation and new build works. This construction phase consolidation results in an improved timeline for overall project delivery as well as achieving significant value for money associated with Design Team fees and construction costs. A change of contractor would cause significant delay, inconvenience and substantial duplication of costs for the contracting authority. These additional services, which were not included in the original procurement, were Steering Group approved & sanctioned by Managers Order D/0101/2025 on 09/06/2025 The price increase caused by this modification is €410,396.40 This modification is permitted by Article 72 which states that contracts and framework agreements may be modified without a new procurement procedure in accordance with this Directive 2014/24/EU 1.(b) for additional works, services or supplies by the original contractor that have become necessary and that were not included in the initial procurement where a change of contractor: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority. …. However, any increase in price shall not exceed 50% of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.” Dublin City Council confirms that the value of this modification does not exceed 50% of the original contract value.