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Works - 446458-2022

12/08/2022    S155

United Kingdom-Denbigh: Construction work

2022/S 155-446458

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Denbighshire County Council
Postal address: Caledfryn, Smithfield Road
Town: Denbigh
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL16 3RJ
Country: United Kingdom
Contact person: Tania Silva
E-mail: construction@denbighshire.gov.uk
Telephone: +44 1824706730
Internet address(es):
Main address: www.denbighshire.gov.uk

Section II: Object

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

Extension of North Wales Construction Framework (NWCF2)

Reference number: WKS1000217 and WKS1000218
II.1.2)Main CPV code
45000000 Construction work
II.1.3)Type of contract
Works
II.2)Description
II.2.2)Additional CPV code(s)
71000000 Architectural, construction, engineering and inspection services
45453100 Refurbishment work
45262800 Building extension work
45210000 Building construction work
II.2.3)Place of performance
NUTS code: UKL13 Conwy and Denbighshire
NUTS code: UKL11 Isle of Anglesey
NUTS code: UKL12 Gwynedd
NUTS code: UKL23 Flintshire and Wrexham
II.2.4)Description of the procurement at the time of conclusion of the contract:

Construction Projects in the value band 250k to 999,999 GBP

Construction Projects in the value band 1,000,000.00 GBP to 1,999,999.00 GBP

Construction Projects in the value band 2,000,000.00 GBP to 5,499,999.00 GBP

Construction Projects in the value band 5,500,000.00 GBP to 9,999,999.00 GBP

Construction Projects in the value band 10,000,000+ GBP

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 01/06/2019
End: 31/05/2024
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Approval gained to extend the current NWCP Framework for up to one year, i.e. May 2024. This is to allow Public Sector bodies in North Wales, including Denbighshire County Council, to be clear as to how they will procure their construction projects going forward, in particular, those projects that were originally intended to use the Framework and/or were part of the initial programme of works.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2019/S 182-442221

Section V: Award of contract/concession

Contract No: WKS1000215REQ
Title:

Extension of North Wales Construction Framework (NWCF2)

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
03/06/2019
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: R L Davies & Son Ltd
Postal address: Llys Derwen, Llysfaen Colwyn Bay
Town: Conwy
NUTS code: UK United Kingdom
Postal code: LL298SS
Country: United Kingdom
Telephone: +44 1492517346
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: K & C Construction Ltd
Postal address: New Vision House, New Vision Business Park, Glascoed Road
Town: St. Asaph
NUTS code: UK United Kingdom
Postal code: LL170LP
Country: United Kingdom
Telephone: +44 1745334591
Fax: +44 1745353005
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: GARNETT-HUGHES DEVELOPMENTS LTD
Postal address: Office 7-8, Hanover Business Centre, The Roe
Town: St. Asaph
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL170LT
Country: United Kingdom
Telephone: +44 1745798085
Fax: +44 1745798085
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Gareth Morris Construction Ltd
Postal address: The Old Chapel, Pontfadog
Town: Llangollen
NUTS code: UKL Wales
Postal code: LL207AR
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: T G Williams Builders Ltd
Postal address: Old Station Yard, Chester Street
Town: St. Asaph
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL170RE
Country: United Kingdom
Telephone: +44 1745583933
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: OBR Construction Ltd
Postal address: Llys Marian
Town: Brynteg
NUTS code: UKL11 Isle of Anglesey
Postal code: LL788JS
Country: United Kingdom
Telephone: +44 1248667066
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: nwps construction ltd
Postal address: Cambrian Business Park, Marsh Road
Town: rhyl
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL182AD
Country: United Kingdom
Telephone: +44 1745355558
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: WILLIAMS HOMES (BALA) LTD
Postal address: WILLIAMS HOMES (BALA) LTD, unit 18 and 19 enterprise park
Town: bala
NUTS code: UK United Kingdom
Postal code: LL237NL
Country: United Kingdom
Telephone: +44 7795955348
Fax: +44 7795955348
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: MPH Construction Ltd.
Postal address: Pendre House, Pwll Glas
Town: Mold
NUTS code: UKL Wales
Postal code: CH71RA
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: TIR CONSTRUCTION Ltd (Lot 1 West only)
Postal address: Y BWTHYN, PEN Y BRYN
Town: PENRHYNDEUDRAETH
NUTS code: UKL12 Gwynedd
Postal code: LL486RW
Country: United Kingdom
Telephone: +44 176677183
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: C.WYNNE & SONS LTD T/A WYNNE CONSTRUCTION
Postal address: Charles House, Kinmel Park, Abergele Road
Town: Rhyl
NUTS code: UKL Wales
Postal code: LL185TY
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Seddon Construction Limited
Postal address: Plodder Lane, Edge Fold
Town: Bolton
NUTS code: UK United Kingdom
Postal code: BL40NN
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: WRW Construction Ltd
Postal address: Anchor Point, North Dock
Town: Llanelli
NUTS code: UK United Kingdom
Postal code: SA152LF
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: READ CONSTRUCTION HOLDINGS LTD
Postal address: READ CONSTRUCTION HOLDINGS LTD, Enterprise Centre, Blast Road, Brymbo
Town: WREXHAM
NUTS code: UKL23 Flintshire and Wrexham
Postal code: LL115BT
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Kier Construction
Postal address: Llay Business Centre, Rackery Lane, Llay
Town: Wrexham
NUTS code: UKL23 Flintshire and Wrexham
Postal code: LL120PB
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Wates Construction
Postal address: 353 Altrincham Road
Town: Manchester
NUTS code: UKD33 Manchester
Postal code: M224BJ
Country: United Kingdom
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Galliford Try
Postal address: Crab Lane, Fearnhead
Town: Warrington
NUTS code: UKD61 Warrington
Postal code: WA20XR
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Willmott Dixon Construction Ltd
Postal address: Albert Mill, Albert Street, Hollinwood
Town: OLDHAM
NUTS code: UK United Kingdom
Postal code: OL83QL
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 500 000 000.00 GBP

Section VI: Complementary information

VI.3)Additional information:

List of potential future users of the Framework No. Organisation Sector:

Arts Council of Wales

Assembly Government Sponsored Bodies

Betsi Cadwaladr Community Health Council

Assembly Government Sponsored Bodies

Capital Region Tourism Other

Care Council for Wales

Assembly Government Sponsored Bodies

Careers Wales

Assembly Government Sponsored Bodies

Cartrefi Conwy Housing Association

Cartrefi Cymunedol Gwynedd Housing Association

Ceredigion Council County Councils

Cheshire East Council County Councils

Cheshire West and Chester council County Councils

Children's Commissioner for Wales Assembly Government Sponsored Bodies

Coleg Cambria Further Education

Coleg Harlech WEA North Further Education

Colleges Wales (Formally Fforwm) Further Education

Community Housing Cymru Housing Association

Companies House Central Government

Conwy County Borough Council County Councils

Conwy Schools Schools

Court Services Other

Cynnal Cymru Other

Data Unit Wales Assembly Government Sponsored Bodies

Denbighshire County Council County Councils

Denbighshire Schools Schools

DVLA Other

Estyn

Assembly Government Sponsored Bodies No. Organisation Sector

First Choice Housing Association

Flintshire Schools Schools

Flintshire County Council County Councils

Food Standards Agency Other

General Teaching Council for Wales

Assembly Government Sponsored Bodies

Glyndwr University Higher Education

Grŵp Cynefin Housing Association

Grwp Llandrillo- Menai Further Education

Gwynedd County Council County Councils

Gwynedd Schools Schools

Hafan Cymru Housing Association

HEFCW Assembly Government Sponsored Bodies

Isle of Anglesey Schools

Isle of Anglesey County Council County Councils

Local Government Boundary Commission Assembly Government Sponsored Bodies

Melin Homes Housing Association

Mid-Wales Housing Housing Association

National Library of Wales Assembly Government Sponsored Bodies

National Museum & Galleries Wales Assembly Government Sponsored Bodies

National Resources Wales Assembly Government Sponsored Bodies

Newydd Housing Association

North Wales Fire and Rescue Service Emergency Services

North Wales Housing Housing Association

North Wales Police Emergency Services

Office For National Statistics Other

One Voice Wales (Town & Community Councils) Other

Parliamentary Service (National Assembly for Wales Commission) Central Government

Pennaf Housing Association

Pobl Group Housing Association

Polish Housing Society Housing Association

Powys Council County Councils

No. Organisation Sector

Royal Commission for Ancient & Historical Monuments of Wales Assembly Government Sponsored Bodies

Royal Mint Other

Snowdonia National Park Assembly Government Sponsored Bodies

Snowdonia National Park Assembly Government Sponsored Bodies

Social Security Improvement Agency (SSIA) Assembly Government Sponsored Bodies

Sports Council for Wales Assembly Government Sponsored Bodies

Tai Ceredigion Housing Association

The Carbon Trust Other

The Patent Office Central Government

Town & Community Councils Local Government

University of Wales Bangor Higher Education

Valuation Tribunal for Wales Assembly Government Sponsored Bodies

Wales and West Housing Housing Association

Wales Audit Office Assembly Government Sponsored Bodies

Wales Centre for Health Assembly Government Sponsored Bodies

Wales Environment Trust Charities & Third Sector

Welsh Government Central Government

Welsh Government sponsored bodies Assembly Government Sponsored Bodies

Welsh Language Board Assembly Government Sponsored Bodies

Welsh Local Government Association Other

WRAP Other

Wrexham County Borough Council County Councils

Wrexham Schools Schools

(WA Ref:123691)

VI.4)Procedures for review
VI.4.1)Review body
Official name: High Court
Postal address: Royal Courts of Justice, The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079477501
Internet address: www.denbighshire.gov.uk
VI.5)Date of dispatch of this notice:
08/08/2022

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
45000000 Construction work
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performance
NUTS code: UK United Kingdom
VII.1.4)Description of the procurement:

The current Framework was due to expire in May 2023. The process of creating a replacement usually takes one year, this report outlines how the unprecedented effect of COVID alongside the current economic climate and the nature of how capital projects are funded, has impacted the delivery of the NWCP programme of works in the region, including those within Denbighshire County Council, and the options available to continue to deliver projects using it.

Approval gained to extend the current NWCP Framework for up to one year, i.e. May 2024. This is to allow Public Sector bodies in North Wales, including Denbighshire County Council, to be clear as to how they will procure their construction projects going forward, in particular, those projects that were originally intended to use the Framework and/or were part of the initial programme of works.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 01/06/2019
End: 31/05/2024
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Approval gained to extend the current NWCP Framework for up to one year, i.e. May 2024. This is to allow Public Sector bodies in North Wales, including Denbighshire County Council, to be clear as to how they will procure their construction projects going forward, in particular, those projects that were originally intended to use the Framework and/or were part of the initial programme of works.

VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 500 000 000.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: MPH Construction
Postal address: Bromfield House, Queens Lane, Bromfield Industrial Estate
Town: Mold
NUTS code: UKL23 Flintshire and Wrexham
Postal code: CH71XB
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: R. L. Davies & Son Ltd
Postal address: Llys Derwen, Llysfaen Colwyn Bay
Town: Conwy
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL298SS
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: K & C Construction Ltd
Postal address: Enterprise house, Tir Llwyd Enterprise Park
Town: Kinmel Bay
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL185JZ
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: GARNETT-HUGHES DEVELOPMENTS LTD
Postal address: Office 7-8, Hanover Business Centre, The Roe
Town: St. Asaph
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL170LT
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Gareth Morris Construction
Postal address: The Old Chapel, Pontfadog
Town: Llangollen
NUTS code: UKL Wales
Postal code: LL207AR
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: T G Williams Builders Ltd
Postal address: Old Station Yard, Chester Street
Town: St. Asaph
NUTS code: UKL13 Conwy and Denbighshire
Postal code: LL170RE
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: OBR Construction
Postal address: Bryn Gwallen
Town: Talwrn
NUTS code: UKL Wales
Postal code: LL777SL
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: NWPS Construction Ltd
Postal address: Cambrian Business Park, Marsh Road
Town: Rhyl
NUTS code: UKL Wales
Postal code: LL182AD
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Williams Homes (Bala) Ltd
Postal address: Unit 18 -19
Town: Bala
NUTS code: UKL12 Gwynedd
Postal code: LL237NL
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: TIR CONSTRUCTION Ltd
Postal address: Y BWTHYN, PEN Y BRYN
Town: PENRHYNDEUDRAETH
NUTS code: UKL12 Gwynedd
Postal code: LL486RW
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: C.WYNNE & SONS LTD T/A WYNNE CONSTRUCTION
Postal address: Charles House, Kinmel Park, Abergele Road
Town: Rhyl
NUTS code: UKL Wales
Postal code: LL185TY
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: SEDDON CONSTRUCTION LTD
Postal address: 2420 Regents Court, The Crescent, Birmingham Business Park
Town: Birmingham
NUTS code: UK United Kingdom
Postal code: B377YE
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: WRW Developments Ltd
Postal address: Anchor Point, North Dock
Town: Llanelli
NUTS code: UK United Kingdom
Postal code: SA152LF
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: READ CONSTRUCTION HOLDINGS LTD
Postal address: READ CONSTRUCTION HOLDINGS LTD, Enterprise Centre, Blast Road, Brymbo
Town: WREXHAM
NUTS code: UKL23 Flintshire and Wrexham
Postal code: LL115BT
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Kier Construction
Postal address: Llay Business Centre, Rackery Lane, Llay
Town: Wrexham
NUTS code: UKL23 Flintshire and Wrexham
Postal code: LL120PB
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Wates Construction Ltd
Postal address: Equinox North, Great Park Road
Town: Bristol
NUTS code: UKK11 Bristol, City of
Postal code: BS324QL
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaire
Official name: Galliford Try
Postal address: Crab Lane, Fearnhead
Town: Warrington
NUTS code: UKD61 Warrington
Postal code: WA20XR
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Willmott Dixon Construction Ltd
Postal address: Albert Mill, Albert Street, Hollinwood
Town: OLDHAM
NUTS code: UK United Kingdom
Postal code: OL83QL
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

The current Framework was due to expire in May 2023. The process of creating a replacement usually takes one year, this report outlines how the unprecedented effect of COVID alongside the current economic climate and the nature of how capital projects are funded, has impacted the delivery of the NWCP programme of works in the region, including those within Denbighshire County Council, and the options available to continue to deliver projects using it.

VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

Following a period of unprecedented changes in the world and in particular in the UK due to Brexit, COVID and more recently the Ukraine War, the way the construction industry has to operate has significantly changed. To understand the extent and impact of these challenges we hosted a series of meetings with clients and contractors, the NWCP

engagement, gave us a clearer view of the issues facing the construction industry and how contractors are responding to these challenges.

The overall issues were listed in a full report, followed by recommendations that we believe enable both clients and contractors to travel through this transition in the best possible way and continue to operate collaboratively.

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 500 000 000.00 GBP
Total contract value after the modifications
Value excluding VAT: 500 000 000.00 GBP