Section one: Contracting authority/entity
one.1) Name and addresses
BRIGHTER PLACES
Eden House, 10 Eastgate Office Park
Bristol
BS56XX
Contact
Lucy Coombs
lucy.coombs@brighterplaces.co.uk
Telephone
+44 1179424600
Country
United Kingdom
Region code
UKK11 - Bristol, City of
Companies House
25495R
Internet address(es)
Main address
https://www.brighterplaces.co.uk/
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Completion works of part-constructed building at Luckwell Road
two.1.2) Main CPV code
- 45200000 - Works for complete or part construction and civil engineering work
two.1.3) Type of contract
Works
two.1.4) Short description
The direct award of a JCT 2016 Design and Build Contract to Markey Construction Ltd for the completion of a partly constructed residential affordable housing development following procurement via the Westworks DPS and subsequent other market engagement failed to procure any interest.
The development comprises the design and construction of the completion of 67 partially constructed dwellings, along with the strip out of defective works, site clearance of defective materials, associated external works including drainage, service connections and diversions, parking areas, footpaths and landscaping.
The scheme was originally contracted as a JCT Design and Build Contract in December 2020. The previous contractor fell into administration in November 2023. This replacement has been prompted by the insolvency of the previous contractor and the need to complete the housing development in accordance with funding timescales.
Brighter Places considers the award of a contract without prior publication to be permitted by Part 2 of the Regulations.
Brighter Places has published this VTN setting out its intention to enter into the contract referred to above.
Brighter Places will not enter into the contract referred to above before the end of a period of at least ten (10) days beginning with the day after the date on which the VTN was published in the Find a Tender Service.
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: £10,712,899.25
two.2) Description
two.2.2) Additional CPV code(s)
- 45211000 - Construction work for multi-dwelling buildings and individual houses
two.2.3) Place of performance
NUTS codes
- UKK1 - Gloucestershire, Wiltshire and Bristol/Bath area
Main site or place of performance
Land bounded by Winterstoke Road, Luckwell Road and Lynwood Road, Bristol, BS3 3HH
two.2.4) Description of the procurement
It is Brighter Places' intention to award a JCT 2016 Design and Build Contract for the completion of 67 residential dwellings at the land bounded by Winterstoke Road, Luckwell Road, Winterstoke Centre Linwood Road, Bristol BS3 3HH to Markey Construction Ltd for the anticipated sum of £10,712,899.25.
Brighter Places considers the award of the contract without prior publication to be permitted by Part 2 of the Regulations.
The project is required to complete within Homes England grant programme deadlines and therefore extreme urgency has dictated the need for a direct award, following a failed procurement attempt through the Westworks Framework, and further unsuccessful market engagement.
Brighter Places has possession of the site at Luckwell Road following the administration of the original contractor. There is currently no sub-contractor presence on site due to the insolvency and there are numerous risks which need to be addressed as a matter of urgency, including site security/safety and the risks associated with further delay including the further degradation of the part-finished buildings.
This VTN sets out Brighter Places intention to enter into the contract referred to above after the expiry of at least 10 days.
The conditions to directly award the contract in accordance with regulations 72(1)(d)/32(2) have been met. The contract does not contain substantial modifications.
two.2.11) Information about options
Options: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- Extreme urgency brought about by events unforeseeable for the contracting authority
Explanation:
The award of the contract without prior publication is permitted under Part 2 of the Regulations.
The conditions to directly award the contract in accordance with regulation 32(2)(c) have been met:
(c) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with (the Extreme Urgency Condition).
Having put out the opportunity through the Westworks DPS and having had no responses the need to complete the scheme within grant funding programme deadlines meets the Extreme Urgency Condition.
The conditions to award the contract to Markey as a replacement contractor in accordance with regulation 72(1)(d) have been met:
(d) where a new contractor replaces the one to which the contracting authority had initially awarded the contract.
The need for a contract to complete the scheme at Luckwell Road has come about as a direct result of the insolvency of the previous contractor Real SW. The JCT contract does not include substantial amendments and the appointment of Markey is not aimed at circumventing the application of the Regulations.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
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
16 April 2025
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
Markey Construction Limited
Q1 Quadrant Way, Hardwicke
Gloucester
GL2 2RN
Country
United Kingdom
NUTS code
- UKK1 - Gloucestershire, Wiltshire and Bristol/Bath area
Companies House
09649435
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £10,712,899.25
Total value of the contract/lot/concession: £10,712,899.25
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
London
Country
United Kingdom