Section one: Contracting authority/entity
one.1) Name and addresses
Department of Education NI
Bangor
BT19
construct.info@finance-ni.gov.uk
Telephone
+44 2890816555
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://etendersni.gov.uk/epps
Buyer's address
https://etendersni.gov.uk/epps
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Education
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Lisanelly Shared Educational Campus Phase 2 (Strule) – Services Contract for an Integrated Consultant Team DE
Reference number
2016/S 006-007182
two.1.2) Main CPV code
- 71540000 - Construction management services
two.1.3) Type of contract
Services
two.1.4) Short description
Department of Education (DE), the Contracting Authority is delivering what was known as the Lisanelly (and now known as the Strule) Shared Education Campus. This is a landmark project providing a bespoke state of the art facility to deliver post primary school education in Omagh. The Strule Programme involves the relocation of 5 post primary schools and 1 special school in Omagh onto one purpose built campus site with shared facilities incorporating sports, the arts, media, home economics, design and technology.
The programme has a complex stakeholder matrix which requires a comprehensive stakeholder management plan. Phase 1 of Strule entailed the delivery of the Arvalee Special School. Phase 2 will encompass the relocation of the 5 post primary schools onto the campus, the provision of sports/leisure facilities, the provision of a shared educational centre and other associated facilities and site development works over c.140 acres. The estimated construction works value at the outset was in the order of GBP 150 000 000.
DE sought to appoint (and did appoint) an Economic Operator to provide the services of a Project Management led Integrated Consultancy Team (ICT) for Phase 2 of Strule to include, architecture, cost management, engineering and other associated construction professionals in related disciplines. The ICT was required to develop the existing exemplar design for the campus to RIBA plan of work 2013 Stage 3, to undertake associated studies and surveys and to acquire necessary planning permissions. The ICT was to provide a Technical Advisory role for the development of the Employer's Requirements, procurement and contract management of an Integrated Supply Team (IST) for number of separate construction packages.
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: £9,285,835.25
two.2) Description
two.2.2) Additional CPV code(s)
- 71540000 - Construction management services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
Omagh Co Tyrone
two.2.4) Description of the procurement
Department of Education (DE), the Contracting Authority is delivering what was known as the Lisanelly (and now known as the Strule) Shared Education Campus. This is a landmark project providing a bespoke state of the art facility to deliver post primary school education in Omagh. The Strule Programme involves the relocation of 5 post primary schools and 1 special school in Omagh onto one purpose built campus site with shared facilities incorporating sports, the arts, media, home economics, design and technology.
During the course of this contact it has been necessary to administer a number of separate variations associated with (1) design development, (2) statutory planning approvals, (3) contamination land (4) the presence of ordnance on the site and (5) unforeseen ground conditions. Given the complex stakeholder arrangements, the programme for the agreement and approvals of the developed design was prolonged. Significant statutory consultation was also required in completing the reserved matters planning application. Areas of unforeseen contamination on the site had to be addressed in a controlled manner to render the site fit for use which included the management of a significant amount of concealed ordnance. These matters required the ICT to carry out additional investigations and supervision of all the necessary works and over a longer period than originally anticipated. The unforeseen ground conditions also called for further investigations and supervision of works over an extended period.
The procurement exercise for the Main Works Contract has also experienced unprecedented issues. These resulted in the Contracting Authority suspending the Main Works Contract procurement in February 2018. It then undertook a reappraisal of the business case and procurement strategy, which required Executive and Ministerial consideration prior to implementation. This process was prolonged due to the collapse of the Stormont Executive, and later the impact of Covid-19.
The Contracting Authority commenced a new competition in December 2021, to identify a suitable contractor to carry out the construction works. Although assisting the Contracting Authority to procure an IST was part of the ICT’s original contract, the need to commence a second IST procurement resulted in the ICT having to provide additional services. Due to the lack of an acceptable tender submissions the Contracting Authority exercised the option to use the competitive procedure with negotiation which occasioned further work and delay.
The Main Works Contract has now been entered into and the ICT will be required to manage and supervise the works to completion. The scope of ICT services for management of the Main Works Contract is largely as per the ICT’s original contract, although some adjustment will be necessary to accommodate the time shift from the initial programme for delivery of the project.
All modifications to date are considered to be permitted by reg.72 PCR.
If further information is required, please submit all queries to construct.info@finance-ni.gov.uk
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 70
Cost criterion - Name: Cost / Weighting: 30
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:
WYG Management Services Limited was appointed as the Integrated Consultant Team (ICT) for the Strule Campus in November 2015.
As set out above, additional work required in order to complete the various elements of the contract. A particular instance is that as part of the contracted supervision of site works, the ICT was required to provide significant additional services to supervise the removal of ordnance and the decontamination of land.
The services to be provided by the ICT to completion of the contract are aligned with the original Scope of Service for the procurement.
A further delay was encountered when only one tender was received as part of the procurement process concluded on 29/9/22. This tender was deemed unacceptable within the meaning of reg.26(4)(b) of PCR. Following consideration of the single return a decision was taken to enter a Competitive Procedure with Negotiation (CPN) with Woodvale Lowry Joint Venture in accordance with Regulation 29. The CPN process was supported by additional work by the ICT and conducted over a nine month period with a final Tender submitted on 12/10/23.
A change of ICT at this crucial stage of project delivery would cause significant inconvenience and substantial duplication of costs to the Contracting Authority. It would be a difficulty, costly and time-consuming process for another economic operator to take on the design work carried out by the current ICT to date and to take that through to completion. It would also take time and resources for a new ICT to analyse the key interests of the various stakeholders to ensure that further design development and the construction works aligned with the same. There would be delay to the start date for the MWC until the replacement ICT was familiar with the project to the degree necessary to assist the Contracting Authority in this regard. In light of its skills, experience and resources, there would be a loss of project knowledge and the value of some of the work carried out to date particularly in regard to the outworkings of the CPN process. The significant further delays to project delivery may have an impact on the ability to conclude the envisaged contract with the MWC and may increase the cost of the same.
There would be an impact on political and stakeholder confidence and agreements. It is likely that there would be a further requirement to reappraise financial and budget approvals that have recently been granted by the Northern Ireland Executive. Additional delays are contrary to the public interest. The regeneration of the subject schools has widespread cross-community support.
All modifications are considered to be permitted by reg.72 PCR and the below modifications are considered to be permitted by reg.72(1)(b):
Inflation adjustment to completion £1,170,840.28
Contingency – £415,000
This notice is therefore also notice of these two modifications as per reg.72(3)
None of the modifications to the contract exceeds 50% of the value of the original contract.
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: 2016/S 006-007182
Section five. Award of contract/concession
Contract No
1
Title
Lisanelly Shared Educational Campus Phase 2 (Strule) - Services Contract for an Integrated Consultant Team
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
20 November 2015
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
WYG Management Services Ltd - now known as Tetra Tech
1 Locksley Business Park, 39 Montgomery Road, Belfast BT6 9UP · 25 mi
Belfast
BT6 9UP
Telephone
+44 2890706000
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
https://www.tetratecheurope.com/contact-us/
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: £7,000,000
Total value of the contract/lot/concession: £9,285,835.25
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Value excluding VAT: £3,100,000
Proportion: 33 %
Short description of the part of the contract to be subcontracted
Architectural Design and CoW duties
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Department of Finance, Construction Procurement Delivery Procurement Operations Branch
Department of Finance, Construction Procurement Delivery Procurement Operations Branch Clare House, 303 Airport Road West
Belfast
BT3 9ED
construct.info@finance-ni.gov.uk
Country
United Kingdom
Internet address
https://www.finance-ni.gov.uk/contact
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 will commence at the point information on the award of the contract is communicated to tenderers. That notification will provide information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.. Any proceedings relating to any perceived non-compliance with the relevant law must be started within 30 days, beginning with the date when the economic operator first knew, or ought to have known that grounds for starting the proceedings had arisen. (A court may extend the time limit to 3 months, where the court considers that there is a good reason for doing so)..
six.4.4) Service from which information about the review procedure may be obtained
Department of Finance, Construction Procurement Delivery Procurement Operations Branch
Department of Finance, Construction Procurement Delivery Procurement Operations Branch Clare House, 303 Airport Road West
Belfast
BT3 9ED
construct.info@finance-ni.gov.uk
Country
United Kingdom