Section one: Contracting authority/entity
one.1) Name and addresses
Midlothian Council
Midlothian House, Buccleuch Street
Dalkeith
EH22 1DN
Contact
Kingsley Ibizugbe
kingsley.ibizugbe@midlothian.gov.uk
Telephone
+44 1312707500
Country
United Kingdom
NUTS code
UKM73 - East Lothian and Midlothian
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00336
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
C375.142 Dundas Shawfair
Reference number
MID-24-57
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
This is a voluntary ex ante transparency (VEAT) notice. Contract for the completion of 28 partially completed homes
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: £4,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKM73 - East Lothian and Midlothian
Main site or place of performance
Shawfair
two.2.4) Description of the procurement
The Council had previously employed Stewart Milne (SM), to build 28 affordable homes on the site at Shawfair (the Works). Before completing the Works, SM went into administration in January 2024 leaving 28 unfinished homes on the site. The contract is for the completion of the Works.
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:
This is the direct award of a regulated procurement without first advertising the opportunity.
Justification for selected award procedure:
Reasons of urgency brought about by circumstances outwith the control of the contracting authority, the authority must proceed to award a contract without delay.
The Council is concerned if it does not take immediate action to take steps to finish the Works as soon as possible, the condition of the partially built 28 affordable homes will deteriorate significantly. This is compounded by the fact that the Works site, is adjacent to and partially surrounded by a private development which is ongoing. During the construction of the private development (a period of 24 months), access across the private development site operated by Dundas Building Co. Ltd. (Dundas) to enable the construction of the affordable housing will be severely restricted. This would mean that the Council would not be able to complete the Works within a timescale to avoid the deterioration of the Works. BY appointing Dundas, this would enable the Works to proceed alongside the private development minimising the deterioration.
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
Contract No
MID-24-57 - Pre-construction
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
1 November 2024
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
Dundas Building Company
Alderstone House, MacMillan Road
Livingston
EH54 7AW
Telephone
+44 3458535000
Country
United Kingdom
NUTS code
- UKM73 - East Lothian and Midlothian
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: £4,000,000
Section six. Complementary information
six.3) Additional information
The award is not yet in place and would be dependent on final pricing being received from the Contractor and approved in Spring 2025.
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=783343.
(SC Ref:783343)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom