Find a TenderAwarded without competition

Published 7 Oct 2022, 13:04 BST

Official UK procurement notice

Design and Build of Abbey Fields Swimming Pool

Official notice

Authority: Warwick District Council (Local council)·Consortium: 2 public authorities

WorksAward procedure without prior publication of a call for competition

Sectors: Construction & Civil Engineering (45) Delivery: West Midlands (UKG13)

Awarded value£52,041,0302 contracts · exc. VAT

Awarded 6 Sept 2022no call for competition

Awarded to Kier Construction Ltd2 awards

What is being bought

Published requirement description

A 2 stage mini competition was undertaken through the NHS Construction framework. A single supplier was selected through stage 1, and we have now awarded to that supplier

following stage 2 of price finalisation.

To facilitate contract management and the staggering of the work across 2 sites, the contract has been split into 2 physical contracts. This notice is the second, and last, of these

contracts for Abbey Fields following it being signed on 6th September 2022.

CPV: Building completion work · Building construction work · Building installation work · Engineering works and construction works

The lotProcurement structure

single lot · no lot value published

Lot #1A 2 stage mini competition was undertaken through the NHS Construction frameworkAwarded

A 2 stage mini competition was undertaken through the NHS Construction framework. A

single supplier was selected through stage 1, and we have now awarded to that supplier

following stage 2 of price finalisation.

To facilitate contract management and the staggering of the work across 2 sites, the

contract has been split into 2 physical contracts. This notice is the second, and last, of these

contracts for Abbey Fields following it being signed on 6th September 2022.

Delivery: West Midlands · Kenilworth, Warwickshire

45220000 Engineering works and construction works 45300000 Building installation work 45400000 Building completion work

Procedure terms & legal framework

From the official record

Procedure method: Award procedure without prior publication of a call for competition
Legal basis: CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category: Works
Notice status: Awarded without competition
Procurement threshold: Unspecified in notice
Regulatory regime: Standard
Commercial structure: Stand-alone contract (no framework)
Competition type: Direct award (no call for competition)
GPA / WTO covered: Unspecified in notice
Recurring procurement: Unspecified in notice
First published: 7 Oct 2022, 13:04 BST
Last source update: 20 May 2024, 11:11 BST
Authority reference: CS103MC0522
FTS notice number: 2024/S 000-015812
Classification (CPV): Building completion workBuilding construction workBuilding installation workEngineering works and construction works
Delivery area: West Midlands (UKG13)
Official registry OCID: ocds-h6vhtk-0373dc Find a Tender

Why no open competition: The procurement falls outside the scope of application of the directive
Published justification: The contract was procured via a mini competition through a compliant framework which does not require a contract notice to be published.

Review and risk notes

Review procedure: As this procurement was undertaken through a framework, no standstill period was
observed. Suppliers that submitted bids to the mini competition via the framework were
notified of the outcomes and the reasons for the decisions at stage 1 of the 2 stage mini
competition.

Notice history

1 event · 3 releases on Find a Tender

Buyer details updated
14 May 2024, 15:09 BST

Published amendments (1 · 0 deadline changes)

When	What	Before	After	Shift
—	TextReasons for modification · II.2.2	VII.2.2) Reasons for modification Although the potential for historic remains was identified at the site, the extent of these remains was assumed to be low due to the existing Abbey Fields swimming pool. However, following demolition of the swimming pool and more detailed ground investigations, an extensive amount of historic remains were identified on site. These then had to be carefully excavate…	VII.2.2) Reasons for modification Although the potential for historic remains was identified at the site, the extent of these remains was assumed to be low due to the existing Abbey Fields swimming pool. However, following demolition of the swimming pool and more detailed ground investigations, an extensive amount of historic remains were identified on site. These then had to be carefully excavate…
—	TextIncrease in Price · II.2.3	VII.2.3) Increase in price Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation) Value excluding VAT: £26,843,427.24 Total contract value after the modifications Value excluding VAT: £39,393,427.24	VII.2.3) Increase in price Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation) Value excluding VAT: £12,647,603.11 Total contract value after the modifications Value excluding VAT: £25,197,603.11‬

1 amendment published without a description.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Awards 2

Awarded value £52,041,0302 contracts exc. VAT

Bids received 4

Contracts signed 2latest 6 Sept 2022

Awarded to	Value	Date	Status
Kier Construction Ltd	£39,393,427 †	—	Awarded
Kier Construction Ltd	£12,647,603 †	—	Awarded

Contracts

Design and Build of Abbey Fields Swimming Pool · Kier Construction Ltd
Signed
6 Sept 2022
Value
£39,393,427
Status
active
- Change Reg 72.1a The original contract provided for certain compensation events which included the event of unforeseen groundworks. The proposed modification is within the contracts original scope and the resulting price change is within allowances., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: Although the potential for historic remains was identified at the site, the extent of these remains was assumed to be low due to the existing Abbey Fields swimming pool. However, following demolition of the swimming pool and more detailed ground investigations, an extensive amount of historic remains were identified on site. These then had to be carefully excavated and assessed prior to being carefully recovered. This discovery caused massive delays in the start of the project after the main contractor has already begun on site and resulted in compensation events being raised by the contractor to cover the delay. In addition, the resulting historical remains required a changed in design specification for the ground works needed to support the new building. These design changes resulted in additional costs as well as the appointment of additional specialist sub contractors.
Design and Build of Abbey Fields Swimming Pool · Kier Construction Ltd
Signed
6 Sept 2022
Value
£12,647,603
Status
active

Bid statistics published by the authority

Bids	SME	VCSE	Valid bid range
4bids · 4 electronic	0	—	—

Contracting authority & participating public bodies

2 public bodies on the notice

Warwick District Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services Town Hall,Parade, LEAMINGTON SPA, West Midlands, CV324ATContact name, email, phone

Dispute resolution & review bodies

High Court of England and WalesReview body London

Bidders & participating suppliers

1 commercial party on the notice

Kier Construction LtdAwarded supplierGB-COH: 02099533 2nd Floor, Optimum House, Clippers Quay, Salford, Manchester, North West, M50 3XP

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.