Works - 355931-2020

28/07/2020    S144

United Kingdom-London: Construction work

2020/S 144-355931

Contract award notice

Results of the procurement procedure

Works

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: LocatED Property Ltd
National registration number: 10385637
Postal address: Roxburghe House, 273 - 287 Regent Street
Town: London
NUTS code: UKI LONDON
Postal code: W1B 2HA
Country: United Kingdom
Contact person: Sarah Peace
E-mail: Sarah.Peace@LocatED.co.uk

Internet address(es):

Main address: www.LocatED.co.uk

I.2)Information about joint procurement
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
Education

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Ark Soane Phase 2: London Development Panel 2

II.1.2)Main CPV code
45000000 Construction work
II.1.3)Type of contract
Works
II.1.4)Short description:

Development of the Ark Soane Academy Phase Two located on the former Acton and West London College site in Acton. The development comprises the construction of a 1 200 place secondary school and 116 residential units (including 25 % affordable housing).

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 34 103 000.00 GBP
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
45214200 Construction work for school buildings
45214220 Secondary school construction work
45111000 Demolition, site preparation and clearance work
45211000 Construction work for multi-dwelling buildings and individual houses
71541000 Construction project management services
II.2.3)Place of performance
NUTS code: UKI73 Ealing
II.2.4)Description of the procurement:

Development of the Ark Soane Academy Phase Two located on the former Acton and West London College site in Acton. The development comprises the construction of a 1 200 place secondary school and 116 residential units (including 25 % affordable housing).

The contract is being procured via the London Development Panel Framework Agreement (LDP2) and is only open to LDP2 Panel Members. More details of the procurement were made available to the LDP2 Panel Members in an Expression of Interest and Sifting Brief document dated 8 February 2019.

II.2.5)Award criteria
Quality criterion - Name: Development / Weighting: 60
Price - Weighting: 40
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

LocatED intends to award a development agreement for early design works (the Contract) under the London Development Panel framework agreement (LDP2) to Countryside Properties (UK) Limited (the Developer).

The Contract is being awarded following the re-opening of competition amongst the economic operators on the LDP2 (the Panel Members) in compliance with Article 33 of the Directive 2014/EU/24 and Regulation 33 of the Public Contracts Regulations 2015 (the Regulations). LocatED notes the following amendments which have been made to the Contract since it was originally advertised to the panel members:

1) the parties have entered into a pre-construction services agreement where the developer will be paid a maximum of GBP 1 421 974.95 before entering into the Contract. Without the pre-construction services agreement, such amount would have been payable pursuant to the contract and is on account of such amount;

2) the developer is permitted to complete the sale of dwellings before the school has reached practical completion to an affordable housing provider and a PRS provider and the charge over the property will be amended to provide for this;

3) liquidated damages will be payable by the developer from the target date rather than the long stop date for construction of the school; however, the target date for practical completion of the school will be capable of postponement by reason of delay events;

4) the exercise by third parties of project-specific third party rights may result in a delay event;

5) there are a limited number of undefined provisional sums included in the Contract sum for the school;

6) LocatED accepts the risk of delay caused by the discovery of antiquities; and

7) the Contract includes step-in rights, and, in the event that the developer fails, the PRS provider or the affordable housing provider will step-in to deliver the development;

8) there has been an increase in the overall contract value since the selection of the preferred contractor as a result of development of detailed design increasing the school design and construction cost.

The amendments that have been made to the Contract are not substantial within the meaning of Regulation 33 or Regulation 72 of the Regulations. The Contract remains the same in size, scope and value, and LocatED does not consider that the amendments would have resulted in any other bids from Panel Members, or that it would have resulted in a change to the outcome of the bids.

IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

Title:

Ark Soane Development Phase 2

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
V.2.2)Information about tenders
Number of tenders received: 2
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: Countryside Properties (UK) Ltd
National registration number: 00614864
Postal address: Countryside House, The Drive, Brentwood
Town: Essex
NUTS code: UKH3 Essex
Postal code: CM13 3AT
Country: United Kingdom
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot: 34 103 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: High Court of England and Wales
Town: London
Country: United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The contracting authority will conduct itself in accordance with the Public Contracts Regulations 2015.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
23/07/2020