Section one: Contracting authority
one.1) Name and addresses
VIVID
Peninsular House, Wharf Road
Portsmouth
PO2 8HB
Contact
Mr Simon Newby
Telephone
+44 1252368680
Country
United Kingdom
Region code
UKJ3 - Hampshire and Isle of Wight
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Other type
Housing Association
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Sea Wall Works Contract for Tipner East Sea wall and associated works and services
Reference number
DN724193
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Vivid Housing Limited (“Vivid”) intends to enter a JCT 2016 D&B Contract with PMC Construction and Development Services Ltd ("PMC") for the construction of a 500m sea wall and associated infrastructure at the Tipner East site (the “Sea Wall Works Contract”)
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: £4,653,536
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKJ3 - Hampshire and Isle of Wight
two.2.4) Description of the procurement
Vivid Housing Limited (“Vivid”) intends to enter a JCT 2016 D&B Contract with PMC Construction and Development Services Ltd ("PMC") for the construction of a 500m sea wall and associated infrastructure to be undertaken as part of the Tipner East regeneration scheme (the “Sea Wall Works Contract”).
The Tipner East regeneration scheme is a mixed tenure housing development involving the construction of 835 dewllings on the site consisting of houses, maisonettes and flats. The development will be undertaken in several phases. The scope of works to be carried out under the Sea Wall Works Contract will be limited to the construction of the sea wall and associated infrastructure works and related services.
PMC are currently providing various pre-construction services in relation to the Tipner East regeneration scheme under a Pre-Construction Services Agreement (“PCSA”) which was awarded to PMC by Vivid via Vivid’s contractors framework agreement. These pre-construction services include site remediation works, scheme design, flood defence design and assistance with the planning application for the development. It is intended that such services will be subsumed by and included within the scope of the Sea Wall Works Contract when entered into.
two.2.5) Award criteria
Price
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 services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The Sea Wall Works Contract is to be awarded to PMC pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (the “PCR”). For the reasons below, Vivid’s view is that the Sea Wall Works Contract can only be awarded to PMC because competition is absent for technical reasons, and no reasonable alternative exists.
PMC introduced the site opportunity to Vivid and were awarded the PCSA under Vivid’s PCR-compliant contractors framework agreement on this basis. Pursuant to the PCSA, PMC have been heavily involved in working up the design for scheme and input into the planning application (amongst other things)
Please see the previous VEAT notice for further information Notice reference: 2024/S 000-018389
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: 2024/S 000-018389
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
16 May 2024
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
PMC Construction and Development Services Ltd
Portsmouth
Country
United Kingdom
NUTS code
- UKJ3 - Hampshire and Isle of Wight
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £4,653,536
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
London
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
High Court of England and Wales
London
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
Cabinet Office
London
Country
United Kingdom