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Works - 480300-2021

22/09/2021    S184

United Kingdom-Nottingham: Construction work

2021/S 184-480300

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: Scape Procure Limited
National registration number: 09955814
Postal address: 2nd Floor, Tollhouse Hill, East West building,
Town: Nottingham
NUTS code: UK United Kingdom
Postal code: NG15AT
Country: United Kingdom
Contact person: John Simons
E-mail: johns@scapegroup.co.uk
Telephone: +44 1159583200
Fax: +44 1159583232
Internet address(es):
Main address: http://www.scapeprocure.co.uk
Address of the buyer profile: http://www.scapeprocure.co.uk

Section II: Object

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

Scape National Construction Framework

Reference number: SCP003
II.1.2)Main CPV code
45000000 Construction work
II.1.3)Type of contract
Works
II.2)Description
II.2.1)Title:

Major Works — Scotland

Lot No: 3
II.2.2)Additional CPV code(s)
09330000 Solar energy
31121000 Generating sets
45000000 Construction work
45100000 Site preparation work
45110000 Building demolition and wrecking work and earthmoving work
45120000 Test drilling and boring work
45200000 Works for complete or part construction and civil engineering work
45210000 Building construction work
45211000 Construction work for multi-dwelling buildings and individual houses
45212000 Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
45213000 Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport
45214000 Construction work for buildings relating to education and research
45215000 Construction work for buildings relating to health and social services, for crematoriums and public conveniences
45216000 Construction work for buildings relating to law and order or emergency services and for military buildings
45220000 Engineering works and construction works
45230000 Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork
45250000 Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry
45260000 Roof works and other special trade construction works
45300000 Building installation work
45310000 Electrical installation work
45320000 Insulation work
45330000 Plumbing and sanitary works
45340000 Fencing, railing and safety equipment installation work
45350000 Mechanical installations
45400000 Building completion work
45410000 Plastering work
45420000 Joinery and carpentry installation work
45430000 Floor and wall covering work
45440000 Painting and glazing work
45450000 Other building completion work
70110000 Development services of real estate
70111000 Development of residential real estate
70112000 Development of non-residential real estate
71000000 Architectural, construction, engineering and inspection services
71200000 Architectural and related services
71300000 Engineering services
71400000 Urban planning and landscape architectural services
71500000 Construction-related services
71600000 Technical testing, analysis and consultancy services
71700000 Monitoring and control services
71800000 Consulting services for water-supply and waste consultancy
71900000 Laboratory services
II.2.3)Place of performance
NUTS code: UK United Kingdom
NUTS code: UKL Wales
NUTS code: UKM Scotland
NUTS code: UKN Northern Ireland
II.2.4)Description of the procurement at the time of conclusion of the contract:

Applications were invited from experienced providers of construction (building) works and services who can provide high quality works and services using a customer focused approach particularly in the public sector. It is anticipated that the works and services will be provided by the provider themselves, through their supply chain or via a consortium/joint venture arrangement. Scape was open to receiving responses from consortia, joint ventures, strategic alliances and other such arrangements, however such organisations were required to form a single legal entity to contract with prior to the award of the contract and provide appropriate guarantees and security packages commensurate with the works/services. The nature and types of works that may be required may include those services identified by CPV code on or in connection with any land or property and related asset owned, rented, leased or developed by any of the public sector bodies eligible to use the Framework or on property or related assets in which any of the public sector bodies may have an interest at the time or prospectively and may include projects in the following sectors, amongst others: education, housing, social care, leisure, libraries, blue light, health and social care, offices, transport, military, farms, recycling and waste centres, industrial and commercial buildings and other public sector operational buildings and establishments. The works and services will comprise all types of building construction works and associated mechanical, electrical and services works and may include design and other services as required for a develop and construct or design and build works. The provider will be expected to work closely, and co-operate with local government and other contracting authorities, in-house and external design consultants, contractors and other partner providers. All contract performance will be monitored using a set of comprehensive performance indicators. This Framework Agreement will be accessible for use by public sector bodies (their statutory successors), corporations established, or a group of individuals appointed to act together as defined by Part 1 of the Public contracts Regulation 2015 or cited by name in Schedule 1 to the Public Contracts Regulations 2015 and online at: https://www.scapegroup.co.uk/site-information/framework-usage-eligibility

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 48
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: 2017/S 112-226461

Section V: Award of contract/concession

Contract No: SCP003
Lot No: 3
Title:

Major Works — Scotland

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
01/06/2017
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Robertson Construction Group Limited
National registration number: SC347921
Postal address: Castle Business Park
Town: Stirling
NUTS code: UKM77 Perth & Kinross and Stirling
Postal code: FK9 4TZ
Country: United Kingdom
Internet address: https://www.robertson.co.uk/capability/construction
The contractor/concessionaire is an SME: no
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: 750 000 000.00 GBP

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court of England and Wales
Postal address: Royal Courts of Justice Strand London WC2 2LL
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
VI.5)Date of dispatch of this notice:
17/09/2021

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)
09330000 Solar energy
31121000 Generating sets
45000000 Construction work
45100000 Site preparation work
45110000 Building demolition and wrecking work and earthmoving work
45120000 Test drilling and boring work
45200000 Works for complete or part construction and civil engineering work
45210000 Building construction work
45211000 Construction work for multi-dwelling buildings and individual houses
45212000 Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
45213000 Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport
45214000 Construction work for buildings relating to education and research
45215000 Construction work for buildings relating to health and social services, for crematoriums and public conveniences
45216000 Construction work for buildings relating to law and order or emergency services and for military buildings
45220000 Engineering works and construction works
45230000 Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork
45240000 Construction work for water projects
45250000 Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry
45260000 Roof works and other special trade construction works
45300000 Building installation work
45310000 Electrical installation work
45320000 Insulation work
45330000 Plumbing and sanitary works
45340000 Fencing, railing and safety equipment installation work
45350000 Mechanical installations
45400000 Building completion work
45410000 Plastering work
45420000 Joinery and carpentry installation work
45430000 Floor and wall covering work
45440000 Painting and glazing work
45450000 Other building completion work
70110000 Development services of real estate
70111000 Development of residential real estate
70112000 Development of non-residential real estate
71000000 Architectural, construction, engineering and inspection services
71200000 Architectural and related services
71300000 Engineering services
71400000 Urban planning and landscape architectural services
71500000 Construction-related services
71600000 Technical testing, analysis and consultancy services
71700000 Monitoring and control services
71800000 Consulting services for water-supply and waste consultancy
71900000 Laboratory services
VII.1.3)Place of performance
NUTS code: UKM Scotland
VII.1.4)Description of the procurement:

Applications were invited from experienced providers of construction (building) works and services who can provide high quality works and services using a customer focused approach particularly in the public sector. It is anticipated that the works and services will be provided by the provider themselves, through their supply chain or via a consortium/joint venture arrangement. Scape was open to receiving responses from consortia, joint ventures, strategic alliances and other such arrangements, however such organisations were required to form a single legal entity to contract with prior to the award of the contract and provide appropriate guarantees and security packages commensurate with the works/services. The nature and types of works that may be required may include those services identified by CPV code on or in connection with any land or property and related asset owned, rented, leased or developed by any of the public sector bodies eligible to use the Framework or on property or related assets in which any of the public sector bodies may have an interest at the time or prospectively and may include projects in the following sectors, amongst others: education, housing, social care, leisure, libraries, blue light, health and social care, offices, transport, military, farms, recycling and waste centres, industrial and commercial buildings and other public sector operational buildings and establishments. The works and services will comprise all types of building construction works and associated mechanical, electrical and services works and may include design and other services as required for a develop and construct or design and build works. The provider will be expected to work closely, and co-operate with local government and other contracting authorities, in-house and external design consultants, contractors and other partner providers. All contract performance will be monitored using a set of comprehensive performance indicators. This Framework Agreement will be accessible for use by public sector bodies (their statutory successors), corporations established, or a group of individuals appointed to act together as defined by Part 1 of the Public contracts Regulation 2015 or cited by name in Schedule 1 to the Public Contracts Regulations 2015 and online at: https://www.scapegroup.co.uk/site-information/framework-usage-eligibility

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 48
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 750 000 000.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: Robertson Construction Group Limited
National registration number: SC347921
Postal address: Castle Business Park
Town: Stirling
NUTS code: UKM Scotland
Postal code: FK9 4TZ
Country: United Kingdom
Internet address: https://www.robertson.co.uk/capability/construction
The contractor/concessionaire is an SME: no
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):

Nature and extent of the modifications (with indication of possible earlier changes to the contract): It is hereby agreed that the following changes are to be made in certain clauses of the Framework Agreement: In Clause 1.1 (Definitions and Interpretation), the definition of “Delivery Agreement” shall be deleted and shall

be replaced by the following definition:

a call-off from this Agreement, being an agreement between a Contractor and an Employer formed once that agreement has been executed by an Employer and the Contractor in one of the forms set out in Schedule 8,9,10 &11 with any required project specific amendments necessitated by the detail of any individual project detailed in the advertisement for the tender and which by reference incorporates the Contract Data, the Model Delivery Agreement and any Optional Clauses.

Clause 3.1 (Commencement, duration and termination of this Agreement) shall be deleted and shall be replaced by the following:

“This Agreement shall commence on the Commencement Date and shall terminate on 8th September 2021 or earlier in accordance with the provisions of this Agreement (provided always that this shall not prevent the continuity of any works or services pursuant to a Delivery Agreement previously entered into, nor shall it prevent the entry into of any subsequent Delivery Agreements in relation to a Project, the subject of such earlier Delivery Agreement)”.

Clause 5.1(f) (Services to be provided by the Contractor) shall be deleted and shall be replaced by the following:

“No Project Request or Delivery Agreement shall be entered into after termination of this Agreement, save in accordance with the proviso set out in Clause 3.1”.

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:

Clarification as to end of framework call off process.

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: 750 000 000.00 GBP
Total contract value after the modifications
Value excluding VAT: 750 000 000.00 GBP