Preston Barracks Works Contract

Concepts

• construction work
• preston barracks works contract
• preston barracks
• the preston barracks site
• the following works
• preston
• barracks
• blocks a
• j
• the remaining residual estate

Location

South East England: Preston Barracks, Lewes Road, Brighton BN2 4GL

Description

A contract for the carrying out and completion of the following works at the Preston Barracks site: The delivery of 7 commercial units, the completion of the building envelope for Blocks A (10 stories) and J (10 stories), to make them weathertight, and the final completion of Block G's 16 homes, alongside the remaining residual estate that will complete the podium.

Award Detail

CPV Codes

• 45000000 - Construction work

Legal Justification

Optivo Development Services Limited (ODSL) is a subsidiary within the Southern Housing Group. ODSL intends to award the Contract to Roberts Gallagher Construction Limited (RGC) pursuant to Regulation 32(2)(c) of the Public Contracts Regulations 2015 (the Regulations), for the reasons set out below. Henry Construction Limited (HCL) was originally appointed to carry out the construction works for the Preston Barracks project under a building contract with ODSL . In May 2023 HCL entered into administration, leaving the construction works only partially completed. The works remaining to be completed at Preston Barracks fall into 2 packages / phases. The Contract being awarded to RGC is for the first phase of these works (which is the most pressing). Regulation 32(2)(c) allows a contracting authority to award a contract under the negotiated procedure without prior publication "insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with" ODSL is relying on this exemption to award the Contract to RGC on the following basis: (i) The events that have given rise to the need to appoint RGC on an urgent basis without undertaking a competitive tender process in accordance with the PCR were not foreseeable by, or attributable to, ODSL - such events being HCL entering into administration and therefore not being able to fulfil its contractual obligation complete the works; (ii) If a contractor is not appointed urgently to complete phase 1 of the remaining works this will result in ODSL incurring significant additional costs (to add to the costs that it has already incurred). This is partly because if the works to the commercial units included in this phase are not completed within a certain timeframe such that the units can be handed back to the private developer, ODSL will have to retain these units itself; and (iii) Any delay in completing the works could also give rise to health and safety issues on site, given that the development is already partially occupied by residents.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** The Contracting Authority intends to enter into this contract following a minimum 10 day calendar day standstill period starting on the day after this notice is published in the UK Find a Tender Service. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for aggrieved parties who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.