Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
Dumfries and Galloway Council
Procurement Team, Carruthers House
Dumfries
DG1 2HP
UK
Telephone: +44 3033333000
E-mail: Procurement.CIRW@dumgal.gov.uk
NUTS: UKM92
Internet address(es)
Main address: http://www.dumgal.gov.uk
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00219
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Whitesands Project (Flood Protection Scheme & Public Realm Improvements) – Early Contractor Involvement & Main Works Construction
Reference number: DGCP-0313
II.1.2) Main CPV code
45246400
II.1.3) Type of contract
Works
II.2) Description
II.2.2) Additional CPV code(s)
45246400
45246410
45000000
71311300
71530000
II.2.3) Place of performance
NUTS code:
UKM92
Main site or place of performance:
Whitesands, Dumfries
II.2.4) Description of the procurement
Dumfries and Galloway Council (“The Employer”) requires the services of a suitably qualified and experienced Consultant to support the detailed design development of the Whitesands Project through Early Contractor Involvement, including the production of a Report to detail the proposed methodology, findings and considerations relating to the delivery of the Whitesands Project.
It is the Employer’s intention to appoint a single Consultant to deliver the ECI and the subsequent Main Works Construction through a two-stage process:
- Stage 1 – Early Contractor Involvement (“ECI”)
- Stage 2 – Main Works Construction (“Main Works”)
Stage 1 - Early Contract Involvement
The Consultant is required to provide construction-focused advice and expertise to be considered throughout the detailed design in support of Gateway 3 work. This includes collaborating with the Scheme designers to ensure constructability of the Scheme, attending detailed design workshops, optimising cost and efficiency, and offering Consultant insights pre-construction.
Stage 2 - Main Works Construction
The Council would expect the chosen supplier to lead on delivery of the Main Works Construction, with elements including, but not limited to:
- Health and Safety Management (CDM 2015)
- Site Planning and Management
- Waste Management
- Traffic Management
- Planning and License Condition Discharge
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 43
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) Previous publication concerning this procedure
Notice number in the OJ S:
2025/S 000-017035
Section V: Award of contract/concession
Contract No: DGCP-0313
Title: Whitesands Project (Flood Protection Scheme & Public Realm Improvements) – Early Contractor Involvement & Main Works Construction
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
08/08/2025
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor/concessionaire
McLaughlin & Harvey
15 Trench Road, Mallusk
Newtownabbey
BT36 4TY
UK
Telephone: +44 2890342777
Fax: +44 2890342236
NUTS: UKM
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 37 500 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
(SC Ref:828849)
VI.4) Procedures for review
VI.4.1) Review body
Dumfries Sheriff Court
40 Buccleuch Street
Dumfries
DG1 2AN
UK
VI.5) Date of dispatch of this notice
15/04/2026
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
45246400
VII.1.2) Additional CPV code(s)
45246400
45246410
45000000
71311300
71530000
VII.1.3) Place of performance
NUTS code:
UKM92
Main site or place of performance:
Whitesands, Dumfries
VII.1.4) Description of the procurement
Dumfries and Galloway Council (“The Employer”) requires the services of a suitably qualified and experienced Consultant to support the detailed design development of the Whitesands Project through Early Contractor Involvement, including the production of a Report to detail the proposed methodology, findings and considerations relating to the delivery of the Whitesands Project.
It is the Employer’s intention to appoint a single Consultant to deliver the ECI and the subsequent Main Works Construction through a two-stage process:
- Stage 1 – Early Contractor Involvement (“ECI”)
- Stage 2 – Main Works Construction (“Main Works”)
Stage 1 - Early Contract Involvement
The Consultant is required to provide construction-focused advice and expertise to be considered throughout the detailed design in support of Gateway 3 work. This includes collaborating with the Scheme designers to ensure constructability of the Scheme, attending detailed design workshops, optimising cost and efficiency, and offering Consultant insights pre-construction.
Stage 2 - Main Works Construction
The Council would expect the chosen supplier to lead on delivery of the Main Works Construction, with elements including, but not limited to:
- Health and Safety Management (CDM 2015)
- Site Planning and Management
- Waste Management
- Traffic Management
- Planning and License Condition Discharge
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 43
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 45 446 058.56 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
McLaughlin & Harvey
15 Trench Road, Mallusk
Newtownabbey
BT36 4TY
UK
Telephone: +44 2890342777
Fax: +44 2890342236
NUTS: UKM
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
Application of Regulation 72 to award Stage 2 – Main Works Construction, as this modification was expressly provided for within the original procurement documents and contract notice.
VII.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
As set out in the original procurement documentation and contract notice, and in accordance with Regulation 72 of the Public Contracts (Scotland) Regulations 2015, the Council intended to appoint a single supplier to deliver both the Early Contractor Involvement (ECI) phase and the subsequent Main Works Construction through a two‑stage process. This modification pertains specifically to the award of Stage 2: Main Works Construction.
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: 37 500 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 45 446 058.56 Currency: GBP