Section one: Contracting authority/entity
one.1) Name and addresses
Dacorum Borough Council
The Forum, Marlowes
Hemel Hempstead
HP11DN
Contact
Andrew Linden
Telephone
+44 1442228263
Country
United Kingdom
Region code
UKH23 - Hertfordshire
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main 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
Increased fees for the appointed Employers Agent (EA) service for the Eastwick Row housing development
two.1.2) Main CPV code
- 71530000 - Construction consultancy services
two.1.3) Type of contract
Services
two.1.4) Short description
Extension of the existing contract with Philip Pank Partnership LLP (PPP) for EA services due to:
- Collapse of original contractor (Jarvis Contracting Ltd)
- Emergency support provided by PPP
- Continuity and specialist knowledge of the project
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: £208,204
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKH23 - Hertfordshire
two.2.4) Description of the procurement
In 2018, Dacorum Borough Council undertook a competitive procurement exercise to appoint an Employer's Agent (EA) for the Eastwick Row housing development, a scheme comprising 34 new apartments. Following the evaluation of 20 tenders, the contract was awarded to Philip Pank Partnership LLP (PPP) in September 2018 for a value of £72,046 + VAT.
The EA was appointed to manage the building contract through to the end of the defects liability period. However, due to unforeseen circumstances-including the collapse of the original principal contractor, Jarvis Contracting Ltd, in March 2023-PPP was required to provide additional services beyond the original scope. These included liaising with the administrator and bondsman, preparing a full inventory of materials left on site, and supporting the procurement of a replacement contractor.
Given PPP's in-depth knowledge of the project and their continued involvement since the design stage, the Council determined that extending the existing contract represented the most expedient and value-for-money solution. A new contract value of £208,204 + VAT has been agreed, incorporating previously undrawn funds and additional fees for the extended scope of work.
This direct award is made under Regulation 32(2)(c) of the Public Contracts Regulations 2015, due to extreme urgency brought about by unforeseeable events. Re-tendering the EA role at this stage would risk significant delays and disruption to the project.
two.2.11) Information about options
Options: 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:
The contract has been awarded under Regulation 32(2)(c) of the Public Contracts Regulations 2015 due to extreme urgency brought about by unforeseeable events.
Dacorum Borough Council originally procured the Employers Agent (EA) services for the Eastwick Row housing development through a competitive tender in 2018, awarding the contract to Philip Pank Partnership LLP. The EA was appointed to manage the building contract through to the end of the defects liability period.
In March 2023, the principal contractor Jarvis Contracting Ltd. went into administration, creating an urgent need for continuity and additional EA support. PPP provided emergency services including liaising with the administrator, securing site materials, and preparing documentation for a new contractor appointment.
Given PPP's extensive knowledge of the project and their ongoing involvement since the design stage, re-tendering the EA role would have caused significant delays and risked non-compliance with the Council's Employers Requirements. The Council determined that extending the existing contract was the most expedient and value-for-money solution.
The revised contract value is £208,204 + VAT, incorporating previously undrawn funds and additional fees for the extended scope of work.
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
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
6 August 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
Philip Pank Partnership LLP
113 Euston Street
London
NW1 2EX
Country
United Kingdom
NUTS code
- UKI3 - Inner London – West
Companies House
OC437669
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: £208,204
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
London
Country
United Kingdom