Preston Barracks Works Contract

CPV: Construction work

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

20 Oct 2023, 13:49 BST

Last source update

20 Oct 2023, 13:49 BST

FTS notice number

2023/S 000-031049

Classification (CPV)

Construction work

Delivery area

South East (UKJ)

Official registry OCID

ocds-h6vhtk-040dc2 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 Roberts Gallagher Construction Limited (RGC) pursuant to Regulation 32(2)(c) of the Public Contracts Regulations 2015 (the Regulations), for the reasons set out below.

Henry Construction Limited (HCL) was originally appointed to carry out the construction works for the Preston Barracks project under a building contract with ODSL . In May 2023 HCL entered into administration, leaving the construction works only partially completed.

The works remaining to be completed at Preston Barracks fall into 2 packages / phases. The Contract being awarded to RGC is for the first phase of these works (which is the most pressing).

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 RGC on the following basis:

(i) The events that have given rise to the need to appoint RGC 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 HCL entering into administration and therefore not being able to fulfil its contractual obligation complete the works;

(ii) If a contractor is not appointed urgently to complete phase 1 of the remaining works this will result in ODSL incurring significant additional costs (to add to the costs that it has already incurred). This is partly because if the works to the commercial units included in this phase are not completed within a certain timeframe such that the units can be handed back to the private developer, ODSL will have to retain these units itself; and

(iii) Any delay in completing the works could also give rise to health and safety issues on site, given that the development is already partially occupied by residents.

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.

• Roberts Gallagher Construction LimitedAwarded supplierGB-COH: 14948693 Radius House, 51 Clarendon Road, Watford, UK, WD17 1HP

No document links were published on the notice.