Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
The University of Sheffield
Floor 5, The Arts Tower, Western Bank
Sheffield
S10 2TN
UK
Contact person: Liam James
Telephone: +44 1142222000
E-mail: liam.james@sheffield.ac.uk
NUTS: UKE32
Internet address(es)
Main address: www.sheffield.ac.uk
Address of the buyer profile: https://in-tendhost.co.uk/sheffield
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
1513/MR Construction of New Social Sciences Building
Reference number: 1513/MR
II.1.2) Main CPV code
45214400
II.1.3) Type of contract
Works
II.1.4) Short description
A new social sciences building and associated facilities for the faculty of social sciences at the University of Sheffield.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
71 550 625.36
GBP
II.2) Description
II.2.2) Additional CPV code(s)
45214400
II.2.3) Place of performance
NUTS code:
UKE32
Main site or place of performance:
Sheffield, UNITED KINGDOM.
II.2.4) Description of the procurement
The design and construction of a new world-class building, providing circa 16 635 m2 of teaching, learning and research facilities for the faculty of social sciences and external works, to be located on the existing sportspitch on the corner of Northumberland road and Whitham road in the Broomhill area of Sheffield. The building will have to meet the University’s sustainability aspirations to provide a new world-class facility in a sustainable, low energy building, achieving a Breeam rating of “Outstanding”.
The project is logistically challenging due to the surrounding buildings on Northumberland road and Whitham road which are main roads into Crookes and Broomhill respectively. In relation to the adjacent buildings, they include Western Park Hospital located directly opposite on Whitham road and other University buildings and sports facilities on Northumberland road which are scheduled to undergo construction works during the same timeframe as the social sciences building.
There is also a National Grid gas governor situated within the site boundary adjacent to Northumberland Road, the integrity of the intermediate pressure pipe in Northumberland road and the gas governor will need to be maintained throughout the construction works.
II.2.5) Award criteria
Price
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
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
No tenders or no suitable tenders/requests to participate in response to restricted procedure
Explanation
The University of Sheffield considers that a direct award of a public works contract without prior publication in the Official Journal for the construction of the new social sciences building is lawful when assessed against the provisions of Directive 2014/24/EC and the Public Contracts Regulations 2015. The following are the full facts and conclusions of law in accordance with the Directive. In 2016, University of Sheffield undertook a procurement for the appointment of a contractor to deliver the new social sciences building using the restricted procedure under regulation 28 of the Public Contracts Regulations 2015 (PCR2015) and article 28 of Directive2014/24/EC. The relevant Official Journal of the European Union reference numbers for this procurement are 2016/S 245-446914 and 2016/S 248-453428. This procurement process led to the award of a public works contract to Kier Ltd. A Pre-Construction Services Agreement (PCSA) was entered into between the University of Sheffield and Kier on 26/9/2017. The PCSA envisaged that the parties would work towards finalisation of the construction contract and the overall tender price. It has not been possible for the University of Sheffield to reach agreement in accordance with the PCSA, which has now concluded. The University of Sheffield recognises that, in accordance with Recital 50 of Directive 2014/24/EC, negotiated procedures without prior publication of a contract notice should be used in exceptional circumstances and limited to cases where publication is not possible. Despite using its best endeavours, it has not been possible for the University to agree the terms of the construction contract following the completion of the restricted procurement procedure. The University of Sheffield therefore considers that it has not received “suitable” tenders submitted to it, which is a permitted ground for use of regulation 32 PCR2015 pursuant to regulation 32(2)(a) of those regulations. The winning tender was manifestly incapable, without substantial changes, of meeting the University's needs and requirements as specified in accordance with regulation 32(3)(a) PCR2015. As required by regulation 32(2)(a) PCR2015 the initial conditions of the contract are not substantially altered in this new award. Further and in the alternative, the University of Sheffield considers that the failure to agree the terms of the construction contract following the completion of the restricted procurement procedure was an event unforeseeable by the University and has led to a situation of extreme urgency such that it cannot now comply with the time limits set out in regulations 28-33 PCR2015 in order to deliver the new building by its operational deadline for new student intake in 2021. This would have a significant commercial and financial impact on the University and the delivery of its teaching to students and the wider community. The circumstances are not in any event attributable to the University of Sheffield and have arisen despite its best attempts to reach a conclusion in respect of the construction contract procured under the original restricted procedure. All references to “regulations” refer to the same provisions of Directive 2014/24/EC.
IV.1.8) Information about 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
Notice number in the OJ S:
2018/S 248-572541
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
05/04/2019
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
BAM Construction Ltd
Breakspear Park, Breakspear Way
Hemel Hempstead
HP2 4FL
UK
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 71 550 625.36
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court of England Wales and Northern Ireland
London
UK
VI.4.2) Body responsible for mediation procedures
High Court of England Wales and Northern Ireland
London
UK
VI.4.4) Service from which information about the review procedure may be obtained
High Court of Engalnd Wales and Northern Ireland
London
UK
VI.5) Date of dispatch of this notice
08/04/2019