Fire Risk Appraisal of External Walls (FRAEW) & Fire Stopping Surveys

The following clauses under Schedule 5 apply to this procurement:

Clause 13: Urgency

Where—

(a) the goods, services or works to be supplied under the public contract are strictly necessary for reasons of extreme and unavoidable urgency, and

(b) as a result the public contract cannot be awarded on the basis of a competitive tendering procedure.

Both conditions are met. The requirement arises directly from a fire incident at HMP Highpoint, which identified potential deficiencies in external wall construction and raised immediate significant concerns regarding fire safety and compliance across similar building types, which need immediate investigation. FRAEW and fire stopping surveys are therefore essential to assess risk, inform remediation, and support safe operational decisions, including potential reoccupation.

The urgency is extreme and unavoidable. The urgency is extreme due to the immediate and ongoing risk to life, safety, and operational capacity. Delaying this work, including by one to two months to undertake a competitive procurement, would prolong exposure to unassessed fire safety risks, prevent informed decisions on remediation and safe occupation, and extend the loss of operational capacity. This is unacceptable given the severity of the risk and the Authority’s duty to act promptly. The urgency is unavoidable as it has arisen from a recent and unforeseen incident, which revealed risks that were not previously known or reasonably identifiable. This is not a continuation of planned activity, but a reactive response to a newly identified risk outside the Authority’s control.

As a result, a competitive procurement cannot be undertaken within the required timeframe without materially increasing these risks. These delays would be further compounded by security vetting and site access requirements. A direct award is therefore strictly necessary to enable immediate mobilisation and timely mitigation of the identified risks.