Section one: Contracting authority/entity
one.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) (NSS)
1 South Gyle Crescent
Edinburgh
EH12 9EB
nss.hfsframeworkscotland@nhs.scot
Telephone
+44 1412071820
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
http://www.nss.nhs.scot/browse/procurement-and-logistics
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
NHSScotland Frameworks Scotland 3 Extension
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Extension to Frameworks Scotland 3 – Principal Supply Chain Partner framework for a duration up to a maximum of 24 months.
The value referred to in this notice within sections II.1.7 and V.2.4 refers to the initial value of the original framework procurement which is not anticipated to be exceeded during the extension period.
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: £650,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 71000000 - Architectural, construction, engineering and inspection services
- 71200000 - Architectural and related services
- 71220000 - Architectural design services
- 71221000 - Architectural services for buildings
- 71222000 - Architectural services for outdoor areas
- 71223000 - Architectural services for building extensions
- 71300000 - Engineering services
- 71400000 - Urban planning and landscape architectural services
- 71500000 - Construction-related services
- 71600000 - Technical testing, analysis and consultancy services
- 71700000 - Monitoring and control services
- 45000000 - Construction work
- 45100000 - Site preparation work
- 45110000 - Building demolition and wrecking work and earthmoving work
- 45111000 - Demolition, site preparation and clearance work
- 45111100 - Demolition work
- 45111200 - Site preparation and clearance work
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
The extension is required due to the current uncertainty around capital funding within NHSScotland which has continued through 2024/2025. With a number of projects already paused or cancelled, the future pipeline beyond the one-year Scottish Government Budget in December 2024 will not be known. Therefore, with such future pipeline uncertainty, it is not possible to go to the market to procure a replacement for Frameworks Scotland 3 at this time as the arrangement may not support delivery of the type / scale / complexity of projects to be delivered. The procurement strategy for the successor arrangement is in development, however at present the strategy is being developed on the basis of the future pipeline scenarios. It is anticipated, that by extending Frameworks Scotland 3 by up to a maximum period for 24 months, this will enable greater clarity around future pipeline and service needs. This should enable the future project delivery model and associated future procurement to be able to deliver the future NHSScotland Capital Programme. Should the current position change in the short term, then the procurement of the successor arrangement will commence. The new successor arrangement will be used for capital project delivery immediately following award which may be prior to expiry of the proposed extension to Frameworks Scotland 3.
Due to the cancellation and pausing of projects over the last 9-12 months, combined with the reduction in activity during the pandemic between 2020-2022, the anticipated spend through Frameworks Scotland 3 has been significantly below the stated contract value within the published Contract Notice. Therefore any future call-off from the framework during the 24-month extension period, should not exceed the original value in the Contract Notice. Furthermore, it is anticipated that the volume of activity will be limited by the current capital constraints.
The justification for the framework extension shall be on the basis of Regulation 72 (1) (c) where all of the following conditions are fulfilled—
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract or framework;
(iii) any increase in price does not exceed 50 % of the initial contract value or Framework Agreement.
A modification notice will be issued via Public Contract Scotland portal on conclusion of the VEAT notice period, confirming a modification to the existing contract under Regulation 72 (1) (c).
The value referred to in this notice within sections II.1.7 and V.2.4 refers to the initial value of the original framework procurement which is not anticipated to be exceeded during the extension period.
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:
The extension is required due to the current uncertainty around capital funding within NHSScotland which has continued through 2024. With a number of projects already paused or cancelled, the future pipeline beyond the one-year Scottish Government Budget in December 2024 will not be known. Therefore, with such future pipeline uncertainty, it is not possible to go to the market to procure a replacement for Frameworks Scotland 3 at this time as the arrangement may not support delivery of the type / scale / complexity of projects to be delivered. The procurement strategy for the successor arrangement is in development, however at present the strategy is being developed on the basis of the future pipeline scenarios. It is anticipated, that by extending Frameworks Scotland 3 by up to a maximum period for 24 months, this will enable greater clarity around future pipeline and service needs. This should enable the future project delivery model and associated future procurement to be able to deliver the future NHSScotland Capital Programme. Should the current position change in the short term, then the procurement of the successor arrangement will commence. The new successor arrangement will be used for capital project delivery immediately following award which may be prior to expiry of the proposed extension to Frameworks Scotland 3.
Due to the cancellation and pausing of projects over the last 9-12 months, combined with the reduction in activity during the pandemic between 2020-2022, the anticipated spend through Frameworks Scotland 3 has been significantly below the stated contract value within the published Contract Notice. Therefore any future call-off from the framework during the 24-month extension period, should not exceed the original value in the Contract Notice. Furthermore, it is anticipated that the volume of activity will be limited by the current capital constraints.
The justification for the framework extension shall be on the basis of Regulation 72 (1) (c).
This notice is intended to notify the market of the intention to issue a modification for the contract under Regulation 72 (1) (c).
The date in section V.2.1 is the date of award of the original Framework Agreement. The Modification of the Framework Agreement has not been entered into prior to publication of this VEAT notice.
four.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2021/S 047-119371
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
6 November 2020
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Balfour Beatty Construction Limited
Ravelston Terrace
Edinburgh
EH4 3TP
Telephone
+44 7580473753
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
BAM Construction Scotland
Kelvin House, Buchanan Gate Business Park
Stepps
G33 6FB
Telephone
+44 1417798888
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
John Graham Construction Ltd, t/a Graham
1 Seaward Place, Centurion Business Park
Glasgow
G41 1HH
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Kier Construction
Buchanan Business Park, Stepps
Glasgow
G33 6HZ
Telephone
+44 7773575001
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
McLaughlin & Harvey
15 Trench Road, Mallusk
Mallusk
BT36 4TY
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Robertson Construction Group
Robertson House,, Castle Business Park
Stirling
FK9 4TZ
Telephone
+44 7767562545
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: £650,000,000
Lowest offer: £68,299,189 / Highest offer: £99,575,547 taken into consideration
Section six. Complementary information
six.3) Additional information
(SC Ref:792227)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court and Justice of the Peace Court
Sheriff Court House 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The notification will incorporate a ‘standstill period’ of a minimum of 10 clear calendar days between the date on which the Authority despatches the VEAT notice and the date on which the authority proposes to issue the modification notice.
The bringing of court proceedings against the authority during the standstill period will automatically continue the prohibition on entering into the framework agreement modification notice until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the courts before the framework agreement has been entered into include the setting aside of the decision to award the framework agreement modification notice.
The bringing of court proceedings against the authority after the framework agreement has been entered into will not affect the framework agreement unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the framework agreement has been entered into are limited to the award of damages.