Section one: Contracting authority/entity
one.1) Name and addresses
Department for Infrastructure - Rivers
49 Tullywiggan Road
Cookstown
BT80 8SG
Contact
Owen McGivern
Owen.mcgivern@infrastructure-ni.gov.uk
Telephone
+44 2886768340
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
https://etendersni.gov.uk/epps/cft/prepareViewCfTWS.do?resourceId=2309911
Buyer's address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
DfI:2309911-Belfast Tidal Flood Alleviation Scheme
Reference number
612601EK
two.1.2) Main CPV code
- 45220000 - Engineering works and construction works
two.1.3) Type of contract
Works
two.2) Description
two.2.2) Additional CPV code(s)
- 45240000 - Construction work for water projects
- 45200000 - Works for complete or part construction and civil engineering work
two.2.3) Place of performance
NUTS codes
- UKN0 - Northern Ireland
two.2.4) Description of the procurement at the time of conclusion of the contract:
The objective of this procurement was for the provision of Develop and Build services by an Economic Operator’s Team (EOT). The EOT will complete the detailed develop and build of a tidal flood defence for Belfast along the tidal reach of the River Lagan, The defence is approx. 8.6km long from Stranmillis Weir on Lockview Road to Northern Road in Belfast Harbour Estate. The defence will comprise a combination of concrete flood walls, sheet pile flood walls, and bored pile flood walls, walls with security fencing / railings, glass flood walls, demountable barriers (normally installed and normally stored), temporary barriers and flood gates. The contract also includes demolition of existing boundary walls along the line of defence, wall cladding, back drainage, hard and soft landscaping along the scheme, Landowner and Stakeholder consultations, all necessary permissions, licences, permits, consents and approvals, and completion of Lands Agreements.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
36
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.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2021/S 000-024169
Section five. Award of contract/concession
Contract No
1
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
25 January 2024
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Charles Brand Group Ltd
Rosemount House 21-23 Sydenham Road
Belfast
BT3 9HA
Telephone
+44 2890455531
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
National registration number
NI622052
Internet address
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £16,990,057.20
Section six. Complementary information
six.3) Additional information
CPD, in its capacity as a Central Purchasing Body, is administering this procurement on behalf of the Contracting Authority.. . The. Contracting Authority expressly reserves the right:. . i. not to award any contract/framework agreement as a result of the procurement. process commenced by publication of this notice or to cancel the procurement at any stage; and. ii. to make whatever changes it may see. fit to the content and structure of the tendering competition. . and in no circumstances will the Authority be liable for any costs incurred. by Economic Operators or Candidates. Any expenditure, work or effort undertaken prior to contract award is accordingly at the sole risk. of the Economic Operator or Candidate participating in this procurement process. This project will be used to progress the Government’s. wider social, economic and environmental objectives.. . No business whatsoever is guaranteed under any resulting framework agreement. or contract indeed there is no guarantee that any framework agreement or contract will be put in place in relation to this notice. No. compensation etc will be paid if a contract or framework agreement is withdrawn for any reason. Economic Operators should take part in. this process only on the basis that they fully understand and accept this position. ..
six.4) Procedures for review
six.4.1) Review body
The Royal Courts of Justice
Chichester Street
Belfast
BT1 3JF
Telephone
+44 3002007812
Country
United Kingdom
Internet address
six.4.2) Body responsible for mediation procedures
RICS
9-11 Corporation Square, Belfast BT1 3AJ
Belfast
BT1 3AJ
Telephone
+44 2476868555
Country
United Kingdom
Internet address
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
This procurement is governed by the Public Contracts Regulations 2015 and provides for economic operators who have suffered, or who risk suffering, loss, or damage, as a consequence of an alleged breach of the duty owed in accordance with Regulation 91 to start proceedings in the High Court. A standstill period commenced at the point information on the award of the contract was communicated to tenderers. That notification provided information on the award decision. The standstill period, which was for a minimum of 10 calendar days provided time for unsuccessful tenderers to challenge the award decision before the contract was entered into.
six.4.4) Service from which information about the review procedure may be obtained
Construction Procurement Delivery CPD, Department of Finance NI
Clare House 303 Airport Road West
Belfast
BT3 9ED
Country
United Kingdom
Internet address
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 45220000 - Engineering works and construction works
seven.1.2) Additional CPV code(s)
- 45240000 - Construction work for water projects
- 45200000 - Works for complete or part construction and civil engineering work
seven.1.3) Place of performance
NUTS code
- UKN0 - Northern Ireland
seven.1.4) Description of the procurement:
The objective of this procurement was for the provision of Develop and Build services by an Economic Operator’s Team (EOT). The EOT were appointed to complete the detailed develop and build of a tidal flood defence for Belfast along the tidal reach of the River Lagan, The defence is approx. 8.6km long from Stranmillis Weir on Lockview Road to Northern Road in Belfast Harbour Estate. The defence design shall comprise a combination of concrete flood walls, sheet pile flood walls, and bored pile flood walls, walls with security fencing / railings, glass flood walls, demountable barriers (normally installed and normally stored), temporary barriers and flood gates. The contract also included for the demolition of existing boundary walls along the line of defence, wall cladding, back drainage, hard and soft landscaping along the scheme, Landowner and Stakeholder consultations, all necessary permissions, licences, permits, consents and approvals, and completion of Lands Agreements.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
36
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£32,800,000
seven.1.7) Name and address of the contractor/concessionaire
Charles Brand Group Ltd
Rosemount House 21-23 Sydenham Road
Belfast
BT3 9HA
Telephone
+44 2890455531
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
National registration number
NI622052
Internet address
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Need for modification brought about by circumstances which a diligent contracting authority/entity could not have foreseen, 72(1)(b) and 72(1)(c) of The Public Contracts Regulations
Modification to allow for changes to the law, design development, changes required by third party stakeholders and modifications due to unforeseen elements of work prior to and during construction. The estimated value of the contract is increased by approximately £15m. The scope and nature of the works remains unchanged and the works continue to be carried out at the same general location as indicated at tender stage.
seven.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee.
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
During the ongoing development, construction and engagement a number of necessary modifications have been identified which a diligent contracting authority/entity could not have foreseen, Modification of contract governed by The Public Contracts Regulations. ‘The main modifications have come about because of (i). Application of X1 inflation; (ii). Changes to the repositioning of flood defenses on 3rd party lands and associated delays. These and other more minor modifications include:
1. The change in the law restricting the entitlement to use rebated diesel ("red diesel") for most sectors including construction from April 2022.
2. Impact of hyperinflation on construction materials.
3. Change in defense wall construction type;
4. A need to advance the tree clearance/ground investigations along the flood defense route ahead of the construction start;
5. Design changes and landowner driven reinstatement changes;
6. Dealing with numerous unrecorded utility intervention requirements and delays by existing utility companies in moving services;
7. Variable and Unfavorable ground conditions affecting design solution including seepage analysis,
8. The need for stop logs at Clarendon Dock
These modifications above have not changed the scope of this contract, and each modification has been assessed and implemented in line with the terms of the contract.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £16,990,057.20
Total contract value after the modifications
Value excluding VAT: £32,800,000