Section one: Contracting authority/entity
one.1) Name and addresses
Optivo Development Services Limited
Fleet House, 59-61 Clerkenwell Road, London, England, EC1M 5LA
London
EC1M 5LA
Contact
Loviene Dinall
loviene.dinall@southernhousing.org.uk
Country
United Kingdom
NUTS code
UK - United Kingdom
Companies House
05248824
Internet address(es)
Main address
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
Preston Barracks Works Contract
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
A contract for the carrying out and completion of the following works at the Preston Barracks site:
The delivery of 7 commercial units, the completion of the building envelope for Blocks A (10 stories) and J (10 stories), to make them weathertight, and the final completion of Block G's 16 homes, alongside the remaining residual estate that will complete the podium.
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: £11,998,770
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKJ - South East (England)
Main site or place of performance
Preston Barracks, Lewes Road, Brighton BN2 4GL
two.2.4) Description of the procurement
A contract for the carrying out and completion of the following works at the Preston Barracks site:
The delivery of 7 commercial units, the completion of the building envelope for Blocks A (10 stories) and J (10 stories), to make them weathertight, and the final completion of Block G's 16 homes, alongside the remaining residual estate that will complete the podium.
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:
Optivo Development Services Limited (ODSL) is a subsidiary within the Southern Housing Group. ODSL intends to award the Contract to Roberts Gallagher Construction Limited (RGC) pursuant to Regulation 32(2)(c) of the Public Contracts Regulations 2015 (the Regulations), for the reasons set out below.
Henry Construction Limited (HCL) was originally appointed to carry out the construction works for the Preston Barracks project under a building contract with ODSL . In May 2023 HCL entered into administration, leaving the construction works only partially completed.
The works remaining to be completed at Preston Barracks fall into 2 packages / phases. The Contract being awarded to RGC is for the first phase of these works (which is the most pressing).
Regulation 32(2)(c) allows a contracting authority to award a contract under the negotiated procedure without prior publication "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"
ODSL is relying on this exemption to award the Contract to RGC on the following basis:
(i) The events that have given rise to the need to appoint RGC on an urgent basis without undertaking a competitive tender process in accordance with the PCR were not foreseeable by, or attributable to, ODSL - such events being HCL entering into administration and therefore not being able to fulfil its contractual obligation complete the works;
(ii) If a contractor is not appointed urgently to complete phase 1 of the remaining works this will result in ODSL incurring significant additional costs (to add to the costs that it has already incurred). This is partly because if the works to the commercial units included in this phase are not completed within a certain timeframe such that the units can be handed back to the private developer, ODSL will have to retain these units itself; and
(iii) Any delay in completing the works could also give rise to health and safety issues on site, given that the development is already partially occupied by residents.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
Title
Preston Barracks Works Contract
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
20 October 2023
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
Roberts Gallagher Construction Limited
Radius House, 51 Clarendon Road
Watford
WD17 1HP
Country
United Kingdom
NUTS code
- UK - United Kingdom
Companies House
14948693
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: £11,998,770
Total value of the contract/lot/concession: £11,998,770
Section six. Complementary information
six.3) Additional information
The Contracting Authority intends to enter into this contract following a minimum 10 day calendar day standstill period starting on the day after this notice is published in the UK Find a Tender Service. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for aggrieved parties
who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.
six.4) Procedures for review
six.4.1) Review body
High Court
The Strand
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Part 3 of the Public Contracts Regulations 2015