Modification Notice for Appointment of Client’s Representative for the Construction and Commissioning Phases of the Dublin Waste to Energy Facility

This Contract Award Notice is acting as a Modification Notice under Article 72 of 2014/24/EU. MKO are the Clients’ Representative and were contracted by DCC, on behalf of the four Dublin Local Authorities as consulting engineers for the construction and commissioning phases of the Dublin Waste to Energy Facility. They monitored and reported on the construction of the facility and ensured it was built in an efficient, effective and safe manner. They ensured that the facility was constructed so as to maximise the revenue to be delivered from the facility and that the Authority’s commercial interests are protected. They monitored and reported on the commissioning of the facility. MKO are the Clients’ Representative and are currently providing engineering consultancy services (on behalf of the 4 Dublin Local Authorities) in respect of the operation of the Dublin Waste to Energy Facility. This involves, monitoring, reviewing and reporting on the operational performance of the facility. They review the monthly and annual operational and maintenance plans and reports. They review and report on the waste inspection logs, incidents, non-compliances or complaints. They liaise with the EPA regarding environmental test/monitoring and report on same. A number of modifications have been made to the contract since 2018 as follows: 1. The contract was extended to year end 2021 and the contract value increased by €213,130 (Ex-VAT) 2. The contract was extended to year end 2022 and the contract value increased by €250K (Ex-VAT) 3. The contract was extended to year end 2024 and the contract value increased by €175K (Ex-VAT) 4. The contract value was subsequently increased by €295K (Ex-VAT) 5. It is now proposed to extend the contract to year end 2025 and increase the contract value by a further €300K (Ex-VAT) The extension of the MKO’s existing contract does not alter the overall nature of the current contract and given MKO’s in depth technical knowledge of the Facility’s design, construction, operational performance and maintenance requirements including the associated contract structures it would be uneconomic, cause significant inconvenience and duplication of costs for Dublin City Council to change service provider at this time. The extension of MKO’s existing appointment and associated increase in the contract sum is being requested in accordance with Article 72 Section (1)(b) of Directive 2014/24/EU which provides for the modification of contracts and framework agreements without a new procurement procedure in the following case: (1)(b) ‘for additional works, services or supplies by the original contractor, irrespective of their value, that have become necessary and were not included in the initial procurement where a change of contractor- (i) cannot be made for economic or technical reasons, including 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;’ Dublin City Council confirms that the value of each modification being applied has not and does not exceed 50% of the original contract value.