Section one: Contracting authority/entity
one.1) Name and addresses
Scottish Government
5 Atlantic Quay, 150 Broomielaw
Glasgow
G2 8LU
Contact
Norman Matheson
Telephone
+44 412425466
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10482
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Civil Engineering Framework (Scotland)
Reference number
SP-21-041
two.1.2) Main CPV code
- 45000000 - Construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Extension of the Civil Engineering Framework (Scotland) contract by 24 months, with the option to extend a further 24 months. The justification for the framework extension shall be on the basis of Regulation 72 (1) (c). There is no change to framework scope or value.
The value referred to in this notice within sections II.1.7 and V.2.4 refers to the initial value of the original framework procurement.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £600,000,000
two.2) Description
two.2.1) Title
General Civil Engineering Works greater than 5M GBP and up to 25M GBP
Lot No
1
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 1 covers all general civil engineering works at national (Scotland) level for individual contracts(Work Orders) with a value greater than 5,000,000 GBP up to 25,000,000 GBP.
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
two.2) Description
two.2.1) Title
Structural Civil Engineering Works greater than 5M GBP up to 25M GBP
Lot No
2
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 2 covers all structural civil engineering works at national (Scotland) level for individual contracts (Work Orders) with a value greater than 5,000,000 GBP up to 25,000,000 GBP.
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
two.2) Description
two.2.1) Title
All Civil Engineering Works greater than 25M GBP up to 100M GBP
Lot No
3
two.2.2) Additional CPV code(s)
- 45000000 - Construction work
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Lot 3 covers all civil and structural engineering works at national (Scotland) level for individual contracts (Work Orders) with a value greater than 25,000,000 GBP up to 100,000,000 GBP.
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:
The proposed extension is required due to the current level of uncertainty around funding for public civil engineering projects in Scotland within the framework’s call-off value range of 5M-100M GBP. There is no certainty in terms of timelines for projects currently in the pipeline. As a result of this uncertainty, no call-offs have been undertaken and we are in a position where we are unable to scope a successor arrangement to the current Civil Engineering Framework (Scotland). It is anticipated, that by extending the framework by 24 months, with the option to extend a further 24 months should uncertainty persist, this will allow for greater clarity around future pipeline and service needs. This should enable a future procurement to have an increased level of pipeline certainty and future demand.
Due to the pausing or delay of projects 2024/2025, the anticipated spend through the framework Lots has been significantly below the stated contract value within the published Contract Notice – currently no call-off contracts have been undertaken. It is anticipated that value of the Framework Contract will not exceed the original value in the Contract Notice.
There is no proposed modification to the overall nature of the framework.
The justification for the framework extension shall be on the basis of Regulation 72 (1) (c) where all of the following conditions are fulfilled—
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract or framework;
(iii) any increase in price does not exceed 50% of the initial contract value or Framework Agreement.
A modification notice will be issued via Public Contract Scotland portal on conclusion of the VEAT notice period, confirming a modification to the existing contract under Regulation 72 (1) (c).
The value referred to in this notice within sections II.1.7 and V.2.4 refers to the initial value of the original framework procurement which is not anticipated to be exceeded during the extension period.
four.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
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: 2022/S 022-190956
Section five. Award of contract/concession
Lot No
2
Title
Structural Civil Engineering Works greater than 5M GBP up to 25M GBP
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
21 March 2024
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Balfour Beatty Civil Engineering Ltd
Maxim 7, Parklands Avenue
Eurocentral
ML1 4WQ
Country
United Kingdom
NUTS code
- UKM84 - North Lanarkshire
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Galliford Try Construction Limited
Blake House, 3 Frayswater Place
Uxbridge
UB8 2AD
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Graham
John Graham Construction Ltd, Unit 1D
Riverside Building, 2 Kings Inch Way
PA4 8YU
Country
United Kingdom
NUTS code
- UKM83 - Inverclyde, East Renfrewshire and Renfrewshire
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Morgan Sindall Construction & Infrastructure Ltd
Trilogy One, 11 Woodhall, Eurocentral, Holytown
Motherwell
ML1 4YT
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
RJ McLeod (Contractors) Ltd
2411 London Road
Glasgow
G32 8XT
Country
United Kingdom
NUTS code
- UKM82 - Glasgow City
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Taziker Industrial
Transfer House, 65 Rankine Avenue, East Kilbride Road
Glasgow
G75 0QF
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £80,000,000
Section five. Award of contract/concession
Lot No
3
Title
All Civil Engineering Works greater than 25M GBP up to 100M GBP
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
21 March 2024
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Balfour Beatty Civil Engineering Ltd
Maxim 7, Parklands Avenue
Eurocentral
ML1 4WQ
Country
United Kingdom
NUTS code
- UKM84 - North Lanarkshire
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Farrans Construction trading as a division of Northstone (NI) Limited
99 Kingsway
Belfast
BT17 9NU
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Graham
John Graham Construction Ltd, Unit 1D
Riverside Building, 2 Kings Inch Way
PA4 8YU
Country
United Kingdom
NUTS code
- UKM83 - Inverclyde, East Renfrewshire and Renfrewshire
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Morgan Sindall Construction & Infrastructure Ltd
Trilogy One, 11 Woodhall, Eurocentral, Holytown
Motherwell
ML1 4YT
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £400,000,000
Section five. Award of contract/concession
Lot No
1
Title
General Civil Engineering Works greater than 5M GBP and up to 25M GBP
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
21 March 2024
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Amalgamated Construction Ltd
Whaley Road, Barugh
Barnsley
S75 1HT
Telephone
+44 1226243413
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Balfour Beatty Civil Engineering Ltd
Maxim 7, Parklands Avenue
Eurocentral
ML1 4WQ
Country
United Kingdom
NUTS code
- UKM84 - North Lanarkshire
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Farrans Construction trading as a division of Northstone (NI) Limited
99 Kingsway
Belfast
BT17 9NU
Country
United Kingdom
NUTS code
- UKN0 - Northern Ireland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Galliford Try Construction Limited
Blake House, 3 Frayswater Place
Uxbridge
UB8 2AD
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Graham
John Graham Construction Ltd, Unit 1D
Riverside Building, 2 Kings Inch Way
PA4 8YU
Country
United Kingdom
NUTS code
- UKM83 - Inverclyde, East Renfrewshire and Renfrewshire
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Morgan Sindall Construction & Infrastructure Ltd
Trilogy One, 11 Woodhall, Eurocentral, Holytown
Motherwell
ML1 4YT
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £120,000,000
Section six. Complementary information
six.3) Additional information
(SC Ref:817263)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court and Justice of the Peace Court
Sheriff Court House 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The notification will incorporate a ‘standstill period’ of a minimum of 28 clear calendar days between the date on which the Authority dispatches the VEAT notice and the date on which the authority proposes to issue the modification notice.
The bringing of court proceedings against the authority during the standstill period will automatically continue the prohibition on entering into the framework agreement modification notice until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the courts before the framework agreement has been entered into include the setting aside of the decision to award the framework agreement modification notice.
The bringing of court proceedings against the authority after the framework agreement has been entered into will not affect the framework agreement unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the framework agreement has been entered into are limited to the award of damages.