Find a TenderAwarded
Published 26 Mar 2024, 17:07 GMT

Official UK procurement notice

324-338 Bensham Lane Works Contract

Official notice

Authority: NHS Frimley Integrated Care Board (Central government)

WorksNegotiated without publication of a contract notice
Awarded value£14,009,292published contract · exc. VAT
Awarded 26 Mar 2024
Awarded to OAKWOOD BUILDING CONTRACTORS LIMITED

What is being bought

Published requirement description

A contract for the carrying out and completion of the following works at the 324-338 Bensham Lane site:

The design and construction of 44 units comprising of a six-storey building (including lower ground floor) fronting Bensham Lane comprising of: 17 one bedroom flats,18 two bedroom flats, 1 two bedroom Duplex, 1 three bedroom Duplex and 7 three bedroom townhouses. This also includes the formation of vehicular accesses and provision of associated off-street parking; provision of associated refuse cycle storage formation of vehicular accesses and provision of associated off-street parking.

CPV: Construction work

The lotProcurement structure

single lot · no lot value published
Lot #1A contract for the carrying out and completion of the following works at the 324-368…

A contract for the carrying out and completion of the following works at the 324-368 Bensham Lane site:

The design and construction of 44 units comprising of a six-storey building (including lower ground floor) fronting Bensham Lane comprising of: 17 one bedroom flats,18 two bedroom flats, 1 two bedroom Duplex, 1 three bedroom Duplex and 7 three bedroom townhouses. This also includes the formation of vehicular accesses and provision of associated off-street parking; provision of associated refuse cycle storage formation of vehicular accesses and provision of associated off-street parking.

Delivery: UK · 324-338 Bensham Lane Thornton Heath Croydon CR7 7EQ

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Negotiated without publication of a contract notice
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Works
Notice status
Awarded
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Competitive procedure
GPA / WTO covered
Yes (GPA)
Recurring procurement
Unspecified in notice
First published
26 Mar 2024, 17:07 GMT
Last source update
26 Mar 2024, 17:07 GMT
FTS notice number
2024/S 000-009916
Classification (CPV)
Construction work
Delivery area
UK
Official registry OCID
ocds-h6vhtk-044d3f Find a Tender
Why no open competition

Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive

Published justification

Optivo Development Services Limited (ODSL) is a subsidiary within the Southern Housing Group. ODSL intends to award the Contract to Oakwood Building Contractors Limited ("Oakwood") pursuant to Regulation 32(2)(c) of the Public Contracts Regulations 2015 ("PCR"), for the reasons set out below:

DCB (Kent) Limited ("DCB") were originally appointed to carry out the development works at the site under a building contract with ODSL. Kinovo Plc ("Kinovo") provided a parent company guarantee ("PCG") in respect of DCB's performance of the building contract.

In May 2022 DCB entered into administration. Pursuant to the terms of the PCG, Kinovo were required to arrange for the completion of the works, subject to ODSL's agreement. Accordingly, Kinovo took steps to procure a replacement building contractor, but have not been able to secure a proposal that is acceptable to ODSL both in terms of the price payable for the completion of the works and the experience and credentials of the proposed replacement contractor.

In light of the above ODSL has decided to take direct control of the selection and appointment of a replacement contractor. ODSL now wish to appoint Oakwood as the replacement contractor.

Regulation 32(2)(c) allows a contracting authority to award a contract under the negotiated procedure without prior publication "insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with"

ODSL is relying on this exemption to award the Contract to Oakwood on the following basis:

(i) The events that have given rise to the need to appoint Oakwood on an urgent basis without undertaking a competitive tender process in accordance with the PCR were not foreseeable by, or attributable to, ODSL - such events being DCB entering into administration originally, and Kinovo subsequently being unable to secure a proposal for the completion of the works that is acceptable to ODSL;

(ii) If a contractor is not appointed urgently to complete the remaining works this will result in ODSL incurring significant additional costs (to add to the costs that it has already incurred);

(iii) Any further delay in completing the works could also give rise to health and safety issues and/or security issues on site.

Review and risk notes
Review procedure

In accordance with Part 3 of the Public Contracts Regulations 2015

Publisher note: The Contracting Authority intends to enter into this contract following a minimum 10 day calendar day standstill period starting on the day after this notice is published in the UK Find a Tender Service. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for aggrieved parties who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £14,009,2921 contract exc. VAT
Contracts signed 1latest 26 Mar 2024
Awarded toValueDateStatus
OAKWOOD BUILDING CONTRACTORS LIMITED£14,009,292 †—Awarded

Contracts

Contracting authority & participating public bodies

Optivo Development Services Limited

Contracting authorityCentral GovernmentBody governed by public lawHousing and community amenities GB-COH: Companies House Fleet House, 59-61 Clerkenwell Road, London, England, EC1M 5LA, London, UK, EC1M 5LAContact name, email

Dispute resolution & review bodies

  • High CourtReview body London

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.