HAR6188 Remaining structural strengthening works and External Wall System installation

1.1 Paragraph 6 of Schedule 5 of The Procurement Act 2023 allows a contracting authority to award a contract without competition where for technical reasons, only a particular supplier can supply the works required, and there are no reasonable alternatives to those works. The nature of the works being rectification of a number of compiling problems discovered whilst undertaking the initial cladding works and the fact the site comprises high rise multistorey buildings which are subject to the Building Safety Act 2022 means that it would be both impractical and commercially not viable to hand the site over to another contractor following a competitive exercise. The nature of the works also means that it is not practical to divide the site. Similarly, use of a different contractor to finish the works would open the contracting authority to an inappropriate level of legal and design risk relating to the works both from the perspective of the Building Safety Act 2022 and the design risk inherent in having two different contractors designing works on the same building(s). This means that no suitable alternative to the current contractor exists.