Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
VIVID
Peninsular House, Wharf Road
Portsmouth
PO2 8HB
UK
Contact person: Mr Simon Newby
Telephone: +44 1252368680
E-mail: Simon.Newby@vividhomes.co.uk
NUTS: UKJ3
Internet address(es)
Main address: http://www.vividhomes.co.uk
Address of the buyer profile: http://www.vividhomes.co.uk
I.4) Type of the contracting authority
Other: Housing Association
I.5) Main activity
Housing and community amenities
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Sea Wall Works Contract for Tipner East Sea wall and associated works and services
Reference number: DN724193
II.1.2) Main CPV code
45000000
II.1.3) Type of contract
Works
II.1.4) Short description
Vivid Housing Limited (“Vivid”) intends to enter a JCT 2016 D&B Contract with PMC Construction and Development Services Ltd ("PMC") for the construction of a 500m sea wall and associated infrastructure at the Tipner East site (the “Sea Wall Works Contract”)
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
4 653 536.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKJ3
II.2.4) Description of the procurement
Vivid Housing Limited (“Vivid”) intends to enter a JCT 2016 D&B Contract with PMC Construction and Development Services Ltd ("PMC") for the construction of a 500m sea wall and associated infrastructure to be undertaken as part of the Tipner East regeneration scheme (the “Sea Wall Works Contract”).
The Tipner East regeneration scheme is a mixed tenure housing development involving the construction of 835 dewllings on the site consisting of houses, maisonettes and flats. The development will be undertaken in several phases. The scope of works to be carried out under the Sea Wall Works Contract will be limited to the construction of the sea wall and associated infrastructure works and related services.
PMC are currently providing various pre-construction services in relation to the Tipner East regeneration scheme under a Pre-Construction Services Agreement (“PCSA”) which was awarded to PMC by Vivid via Vivid’s contractors framework agreement. These pre-construction services include site remediation works, scheme design, flood defence design and assistance with the planning application for the development. It is intended that such services will be subsumed by and included within the scope of the Sea Wall Works Contract when entered into.
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:
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation
The Sea Wall Works Contract is to be awarded to PMC pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (the “PCR”). For the reasons below, Vivid’s view is that the Sea Wall Works Contract can only be awarded to PMC because competition is absent for technical reasons, and no reasonable alternative exists.
PMC introduced the site opportunity to Vivid and were awarded the PCSA under Vivid’s PCR-compliant contractors framework agreement on this basis. Pursuant to the PCSA, PMC have been heavily involved in working up the design for scheme and input into the planning application (amongst other things)
Please see the previous VEAT notice for further information Notice reference: 2024/S 000-018389
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:
2024/S 000-018389
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
16/05/2024
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
PMC Construction and Development Services Ltd
Portsmouth
UK
NUTS: UKJ3
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 4 653 536.00
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 and Wales
London
UK
VI.4.2) Body responsible for mediation procedures
High Court of England and Wales
London
UK
VI.4.4) Service from which information about the review procedure may be obtained
VI.5) Date of dispatch of this notice
31/10/2024