ID 2342618 DfE TNI - Advertising and Marketing Services

Following a competition advertised in the Official Journal of the EU on 29/09/2019 the Department for the Economy Tourism NI entered into a contract for the supply and delivery of its marketing and associated services, but due to the impact of Covid-19 the level of support required by the tourism industry has been unprecedented and unforeseen at the time of securing the contract. This contract has 8 months remaining on the initial contract period, with 3 x 12 month options to extend. Therefore, Tourism NI requires a variation to the value of the contract to avoid an imminent change in supplier which would incur substantial inconvenience/duplication of cost, and to ensure continuity of service to cover until 16/02/2024. This will allow sufficient time to retender the contract. Tourism NI wishes to increase the value of the contract by £10,500,000 ex VAT (50% of the original contract value), to cover requirements until 16/02/2024.

Tourism NI is relying on the Regulation 72(1)(c) provision as the need for change could not have been foreseen by a “diligent” Department, the changes do not affect the overall nature of the contract or exceed 50% of the value of the original contract value. Covid-19 could not have been predicted; therefore, these increased requirements could not have been foreseen or accounted for when estimating the contract value at the time of tender. The services provided through the contract will remain in line with those specified at the time of going to tender. The proposed change to the estimated contract value does not exceed this threshold.