Section one: Contracting authority/entity
one.1) Name and addresses
Clyde Gateway Developments Limited
Olympia, 2-16 Orr Street
Glasgow
G40 2QH
Contact
Martin McKay
Telephone
+44 1412760758
Fax
+44 1412761578
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11703
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Other activity
Regeneration
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Purifier Studios - Award of Phase 2C VEAT Notice
Reference number
2019/S 213-521572
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
This project will deliver the refurbishment of the existing buildings into commercial office suites creating interesting and innovative spaces
which will attract occupiers to Dalmarnock. The refurbishment of the building has been designed to be subdivided into five standalone
business studios within the existing structure - offering total of 3,759sqm of business space and up to 300 jobs.
This project (Phase 2C) will complete these works with the construction and delivery of the third phase comprising of unit 5 and the external landscape area and carparking associated with units 3-5.
delivering approximately 746sqm (8,029sqft) of net lettable office space, across ground and mezzanine levels.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £9,482,258
two.2) Description
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
two.2.3) Place of performance
NUTS codes
- UKM82 - Glasgow City
Main site or place of performance
Dalmarnock, Glasgow.
two.2.4) Description of the procurement
This Voluntary Ex-Ante Transparency (VEAT) Notice is published setting out Clyde Gateway Developments Limited (CGDL) intention to extend the Phase 2A contract with Clark Contracts (CCL) in respect of Phases 2C work comprising Unit 5 and externals works of the purifier studio development.
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
CGDL let the original contract earlier this year (2019/S 213-521572). Recently, CGDL learned that the Scottish Government is prepared to make additional funding available for the development of this site a condition of which requires legal commitment and a grant claim by 31st March 2021. There is a substantial risk that this condition would not be met if the contract were to be procured separately. Loss of funding would mean that the development would not be able to proceed at this time as part of the current build leading to substantially increased costs in future as and when the development does proceed.
The Directive / Public Contracts (Scotland) Regulations 2015 are not applicable to the additional works because, at 1.79m GBP of additional works, Phase 2C has an estimated value substantially less than the financial threshold at which those rules apply.
Even if the Directive / Regulations did apply, the award of additional works would be permitted on the basis of Regulation 72(1)(b) justifying the instruction of additional works to the original contractor. Clark Contracts currently have possession of the site and are currently on-site delivering Phase 2A. It would not be realistic or technically possible to have a second contractor working within the same constrained footprint of a historic building at the same time as Clark Contracts to deliver work to CGDL's required timescale. This would also necessitate renegotiation of the current contract with Clark Contracts who have possession to carry out the Phase 2A works. There would be substantial duplication of costs such as preliminaries; allowing the contractor who is already on site and who has already incurred these costs on Phase 2A to continue is clearly advantageous to CGDL from a cost perspective. Moreover, the design team has been novated to Clark Contracts under the Phase 2A contract. Awarding the additional works to Clark Contracts under a single contract will also ensure that the contract, warranties and collateral warranties are unaffected and available to future tenants, purchasers or funders. The original contract was awarded with a value of 5.499m GBP and the additional works are therefore considerably less than 50% of the value of that contact.
Finally, CGDL notes that Clark Contracts Limited was the only contractor who responded to the openly advertised tender for the original contract.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2019/S 213-521572
Section five. Award of contract/concession
Contract No
18-541-DA1
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
26 February 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Clark Contracts Limited
23 McFarlane Street
Paisley
PA3 1RY
Telephone
+44 1418478787
Country
United Kingdom
NUTS code
- UKM - SCOTLAND
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £1,796,355
Total value of the contract/lot/concession: £9,482,258
Section six. Complementary information
six.3) Additional information
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=642249.
(SC Ref:642249)
six.4) Procedures for review
six.4.1) Review body
Glasgow Sheriff Court and Justice of the Peace Court
1 Carlton Place
Glasgow
G5 9TW
Country
United Kingdom