Section one: Contracting authority/entity
one.1) Name and addresses
Torbay Council
Town Hall, Castle Circus
Torquay
TQ1 3DR
Contact
Mr Adam Harmer
procurement.team@torbay.gov.uk
Telephone
+44 1803207242
Country
United Kingdom
Region code
UKK42 - Torbay
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Hard Landscape Products
Reference number
DN646153
two.1.2) Main CPV code
- 44100000 - Construction materials and associated items
two.1.3) Type of contract
Supplies
two.1.4) Short description
TDA, a wholly owned company of Torbay Council, is proposing to purchase paving and granite kerbs and blocks specifically for the Torquay Harbour and Strand Public Realm scheme in order to de-risk the construction project for an appointed contractor.
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: £410,000
two.2) Description
two.2.2) Additional CPV code(s)
- 44900000 - Stone for construction, limestone, gypsum and slate
two.2.3) Place of performance
NUTS codes
- UKK42 - Torbay
two.2.4) Description of the procurement
The purpose of this notice is to inform the market that TDA, a wholly owned company of Torbay Council, is proposing to purchase paving and granite kerbs and blocks specifically for the Torquay Harbour and Strand Public Realm project in order to de-risk the construction project for an appointed contractor.
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: Yes
Identification of the project
UK Government’s Towns Fund
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- No tenders or no suitable tenders/requests to participate in response to restricted procedure
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
Following two unsuccessful procurement processes for the appointment of a contractor to deliver the Torquay Harbour and Strand Public Realm project, TDA, acting on behalf of Torbay Council, have made the decision to directly purchase the hard landscaping materials required in order to reduce contractor risk and to improve the market readiness of any further tender exercise to appoint a contractor.
Due to the current volatility of the market, the lead time and the price for the specified materials has risen significantly. Following a value engineering exercise in October 2022, the original granite paving was removed from the scheme as the price was no longer affordable. The best match to replace the original granite specified has been identified as Kellen paving slabs, which can only by supplied directly by one supplier.
A call-off has been run under the Cirrus Consortium Materials Framework in accordance with regulation 33 of the Public Contract Regulations 2015 and a response was received from a nationwide builders merchant but this compliant route to market resulted in a quote that was in excess of the available budget and approximately 16% more expensive than purchasing the materials directly from Hardscape Ltd. The option to purchase the required materials compliantly via this route has hence been explored and subsequently disregarded due to it not being financially in the best interests of Torbay Council.
This proposed strategy is advantageous to the Council for the following reasons:
The material cost is a large part of the overall budget and procuring the materials directly reduces inflation risk to the budget; and
The scheme programme will be reduced if the materials are ordered early January 2023 with an expected delivery date to coincide with main contract on-site start date. If materials are included within the main contractor appointment, the order would not be placed until March 2023, which would lead to a delay in the start of the scheme on site and a potential increase in the cost of the materials.
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
Hard Landscape Products
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
15 December 2022
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
Hardscape Products Limited
Ashworth House, 14 Deakins Business Park Blackburn Road
Egerton, Bolton
BL7 9RP
Country
United Kingdom
NUTS code
- UKD - North West (England)
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £410,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Royal Courts of Justice
7 Rolls Building, Fetter Lane
London
EC4A 1NL
Telephone
+44 2079477156
Country
United Kingdom