Completion works of part-constructed building at Luckwell Road

Concepts

• complete or part construction
• bristol
• residential buildings
• construction work
• luckwell road
• winterstoke road
• winterstoke centre linwood road
• markey construction ltd
• associated external works
• completion works

Location

Gloucestershire, Wiltshire and Bristol/Bath Area: Land bounded by Winterstoke Road, Luckwell Road and Lynwood Road, Bristol, BS3 3HH

Description

The direct award of a JCT 2016 Design and Build Contract to Markey Construction Ltd for the completion of a partly constructed residential affordable housing development following procurement via the Westworks DPS and subsequent other market engagement failed to procure any interest. The development comprises the design and construction of the completion of 67 partially constructed dwellings, along with the strip out of defective works, site clearance of defective materials, associated external works including drainage, service connections and diversions, parking areas, footpaths and landscaping. The scheme was originally contracted as a JCT Design and Build Contract in December 2020. The previous contractor fell into administration in November 2023. This replacement has been prompted by the insolvency of the previous contractor and the need to complete the housing development in accordance with funding timescales. Brighter Places considers the award of a contract without prior publication to be permitted by Part 2 of the Regulations. Brighter Places has published this VTN setting out its intention to enter into the contract referred to above. Brighter Places will not enter into the contract referred to above before the end of a period of at least ten (10) days beginning with the day after the date on which the VTN was published in the Find a Tender Service.

Total Quantity or Scope

It is Brighter Places' intention to award a JCT 2016 Design and Build Contract for the completion of 67 residential dwellings at the land bounded by Winterstoke Road, Luckwell Road, Winterstoke Centre Linwood Road, Bristol BS3 3HH to Markey Construction Ltd for the anticipated sum of £10,712,899.25. Brighter Places considers the award of the contract without prior publication to be permitted by Part 2 of the Regulations. The project is required to complete within Homes England grant programme deadlines and therefore extreme urgency has dictated the need for a direct award, following a failed procurement attempt through the Westworks Framework, and further unsuccessful market engagement. Brighter Places has possession of the site at Luckwell Road following the administration of the original contractor. There is currently no sub-contractor presence on site due to the insolvency and there are numerous risks which need to be addressed as a matter of urgency, including site security/safety and the risks associated with further delay including the further degradation of the part-finished buildings. This VTN sets out Brighter Places intention to enter into the contract referred to above after the expiry of at least 10 days. The conditions to directly award the contract in accordance with regulations 72(1)(d)/32(2) have been met. The contract does not contain substantial modifications.

Award Detail

CPV Codes

• 45200000 - Works for complete or part construction and civil engineering work
• 45211000 - Construction work for multi-dwelling buildings and individual houses

Legal Justification

The award of the contract without prior publication is permitted under Part 2 of the Regulations. The conditions to directly award the contract in accordance with regulation 32(2)(c) have been met: (c) 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 (the Extreme Urgency Condition). Having put out the opportunity through the Westworks DPS and having had no responses the need to complete the scheme within grant funding programme deadlines meets the Extreme Urgency Condition. The conditions to award the contract to Markey as a replacement contractor in accordance with regulation 72(1)(d) have been met: (d) where a new contractor replaces the one to which the contracting authority had initially awarded the contract. The need for a contract to complete the scheme at Luckwell Road has come about as a direct result of the insolvency of the previous contractor Real SW. The JCT contract does not include substantial amendments and the appointment of Markey is not aimed at circumventing the application of the Regulations.

Other Information

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