Design and Construction of 45 New Apartments and 46 New Houses, Kara Street, Salford

CPV: Construction work for multi-dwelling buildings and individual houses · Construction, foundation and surface works for highways, roads · Construction-related services · Drainage works · Houses construction work · Multi-dwelling buildings 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

22 Apr 2021, 17:25 BST

Last source update

22 Apr 2021, 17:25 BST

FTS notice number

2021/S 000-008664

Classification (CPV)

Construction work for multi-dwelling buildings and individual housesConstruction, foundation and surface works for highways, roadsConstruction-related servicesDrainage worksHouses construction workMulti-dwelling buildings construction work

Delivery area

North West (UKD34)

Official registry OCID

ocds-h6vhtk-02a949 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

1. Salix Homes Developments Limited is satisfied the tests permitting reliance on Regulation 32(2)(c) are met:

A. As far as is strictly necessary: Following a call-off under Regional Housing Framework, Salix Homes Developments Limited appointed a previous contractor for the design and construction of the works. Two weeks prior to contract award, the contractor withdrew from the contract for internal reasons.

B. There are genuine reasons for extreme urgency: Salix Homes Developments Limited must award the contract to avoid the loss of funding from Homes England and to ensure that the scheme can be delivered by June 2022.

C. The events that have led to the need for extreme urgency were unforeseeable: The late withdrawal of the previous contractor was unforeseeable. Salix Homes Developments Limited has undertaken an appraisal of the market and considers that there is no alternative available given the construction sector conditions including with restrictions and limitations on supply of both contractors and materials due to COVID-19.

D. It is impossible to comply with the usual timescales in the PCR: Salix Homes Developments Limited has explored alternative frameworks including making a direct award under a framework. Supplier capacity is currently limited meaning this was not a feasible approach in view of the urgency..

Salix Homes Developments Limited considered running an accelerated procedure. However, due to urgency, there was no time to run an accelerated procurement that would have allowed Salix Homes Developments Limited to deliver the scheme within the timescales required by Homes England as funder and in view of other commercial and contractual obligations requiring practical completion of the project by June 2022. Any breach of such arrangements could lead to incurring unnecessary expense for the parties involved including the Local Authority as proposed purchaser of part of the scheme on completion.

Having undergone one failed procurement, given the urgency, Salix Homes Developments Limited needed to ensure a solution could be achieved in a time critical fashion in order to satisfy funding conditions before the funding is withdrawn. The situation is not attributable to the contracting authority – Salix Homes Developments has not done anything to cause or contribute to the need for extreme urgency as the previous contractor withdrew from the contract for their own reasons.

Publisher note: (MT Ref:222620)

• Watson Construction LimitedAwarded supplier Spark Studio, 208-210 Great Clowes Street, Salford, North West, M5 2ZSContact email, phoneShow contact details

No document links were published on the notice.