Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2018-12-18
Buyer: University of Brighton
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 45000000: Construction work | 45210000: Building construction work | 50700000 | 50800000 | 70311000
Estimated value: 165000000 GBP

Technical requirements: The delivery of a new development which is anticipated to comprise of 804 student study bedrooms along with ground floor ancillary University facilities including fitness facilities and student union.
The intention to award a contract for the Moulsecoomb East Student Residences DBFO Partner (OJEU: 2016/S 221-402879) to Uliving was notified on 8.2.2018.
Due to delays in obtaining planning approvals in respect of various reserved matters and non-material amendments, the refinement of the application of the income strip funding model to the Project and the redesign of the façade the timetable for construction has changed from a phased delivery to a single completion date of September 2021.
Anticipated changes in applicable legislation relating to appropriate cladding materials as a result of the Grenfell Tower tragedy has resulted in a new cladding material being required as part of the University's requirements with an increased estimated associated cost of c 1 200 000 GBP.
As a result of additional site investigation and due diligence, a requirement for a number of additional works have been identified:
(a) remedial works to address more significant ground obstructions and contamination than had previously been identified in site surveys;
(b) additional work to be carried out with respect to the retaining walls of the lower and middle car park as well as the ramp adjacent to the cycle store to ensure they meet the requirements of the building;
The University's capital contribution has increased from c 2 400 000 GBP to c 7 400 000 GBP, of which:
(i) c 1 200 000 GBP relates to the modification to the cladding requirement (which could not have been foreseen when the 6 200 000 GBP threshold referred to below was set by the University); and
(ii)) c 3 800 000 GBP increase relates to inter alia the capital costs of the requirements identified above offset by other efficiencies, as agreed and permitted in accordance with Regulation 30 (20)).
The University has considered if the proposed modifications render the contract materially different in character and/or the modifications could be considered substantial from the tender and their effect on competition, and set out is conclusions in the "Explanation" section below.
The delays resulting from planning and refinement of the income strip funding solution would have affected all tenderers. The tender evaluation process was not predicated on any mandatory completion date. On the basis that all tenderers would have been affected to the same/similar extent, the University believes that the revised delivery programme does not change an essential aspect of the tender, does not distort competition and has no discriminatory effect.
The change in cladding materials is a change to the University’s original requirements. Regulation 72(c) allows for modifications where:
(i) the need for modification has been brought about by circumstances which a diligent authority could not have foreseen;
The University's view is that the requirement to change the cladding and the associated cost increase meets the three conditions. The cladding requirements were not anticipated in the original requirements and the need for modification has been brought about by circumstances which a diligent authority could not have foreseen (the final Hackitt Report and subsequent UK Government consultation on banning the use of combustible materials in the external walls of high-rise residential buildings post-date the preferred bidder decision). The subject matter of the procurement has not changed and so the modification does not alter the overall nature of the contract and the increase in price does not exceed 50 % of the value of the original contract.


Winner: Uliving Ltd
Award value: 165000000