Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2021-09-22
Buyer: Scape Procure Limited
Country: UK
Contract type: Works
Procedure: Restricted procedure
CPV classification: 09330000: Solar energy | 31121000 | 45000000: Construction work | 45100000: Site preparation work | 45110000

Technical requirements: Applications were invited from experienced providers of construction (building) works and services who can provide high quality works and services using a customer focused approach particularly in the public sector. It is anticipated that the works and services will be provided by the provider themselves, through their supply chain or via a consortium/joint venture arrangement. Scape was open to receiving responses from consortia, joint ventures, strategic alliances and other such arrangements, however such organisations were required to form a single legal entity to contract with prior to the award of the contract and provide appropriate guarantees and security packages commensurate with the works/services. The nature and types of works that may be required may include those services identified by CPV code on or in connection with any land or property and related asset owned, rented, leased or developed by any of the public sector bodies eligible to use the Framework or on property or related assets in which any of the public sector bodies may have an interest at the time or prospectively and may include projects in the following sectors, amongst others: education, housing, social care, leisure, libraries, blue light, health and social care, offices, transport, military, farms, recycling and waste centres, industrial and commercial buildings and other public sector operational buildings and establishments. The works and services will comprise all types of building construction works and associated mechanical, electrical and services works and may include design and other services as required for a develop and construct or design and build works. The provider will be expected to work closely, and co-operate with local government and other contracting authorities, in-house and external design consultants, contractors and other partner providers. All contract performance will be monitored using a set of comprehensive performance indicators.
This Framework Agreement will be accessible for use by public sector bodies (their statutory successors), corporations established, or a group of individuals appointed to act together as defined by Part 1 of the Public contracts Regulation 2015 or cited by name in Schedule 1 to the Public Contracts Regulations 2015 and online at: https://www.scapegroup.co.uk/site-information/framework-usage-eligibility
Call-offs from this contract may be made by any of those Contracting Authorities as listed in II.1.4. Further, that any call off made by those Contracting Authorities as listed may be related to a project(s) or programme(s) funded in full or in part by European Union Structural and Investment Fund (e.g. ESIF).
Applications were invited from experienced providers of construction (building) works and services who can provide high quality works and services using a customer focused approach particularly in the public sector. It is anticipated that the works and services will be provided by the provider themselves, through their supply chain or via a consortium/joint venture arrangement. Scape was open to receiving responses from consortia, joint ventures, strategic alliances and other such arrangements, however such organisations were required to form a single legal entity to contract with prior to the award of the contract and provide appropriate guarantees and security packages commensurate with the works/services. The nature and types of works that may be required may include those services identified by CPV code on or in connection with any land or property and related asset owned, rented, leased or developed by any of the public sector bodies eligible to use the Framework or on property or related assets in which any of the public sector bodies may have an interest at the time or prospectively and may include projects in the following sectors, amongst others: education, housing, social care, leisure, libraries, blue light, health and social care, offices, transport, military, farms, recycling and waste centres, industrial and commercial buildings and other public sector operational buildings and establishments. The works and services will comprise all types of building construction works and associated mechanical, electrical and services works and may include design and other services as required for a develop and construct or design and build works. The provider will be expected to work closely, and co-operate with local government and other contracting authorities, in-house and external design consultants, contractors and other partner providers. All contract performance will be monitored using a set of comprehensive performance indicators.
This Framework Agreement will be accessible for use by public sector bodies (their statutory successors), corporations established, or a group of individuals appointed to act together as defined by Part 1 of the Public contracts Regulation 2015 or cited by name in Schedule 1 to the Public Contracts Regulations 2015 and online at: https://www.scapegroup.co.uk/site-information/framework-usage-eligibility
It is hereby agreed that the following changes are to be made in certain clauses of the Framework Agreement:
In Clause 1.1 (Definitions and Interpretation), the definition of “Delivery Agreement” shall be deleted and shall be replaced by the following definition: a call-off from this Agreement, being an agreement between a Contractor and an Employer formed once that agreement has been executed by an Employer and the Contractor in one of the forms set out in Schedule 8,9,10 &11 with any required project specific amendments necessitated by the detail of any individual project detailed in the advertisement for the tender and which by reference incorporates the Contract Data, the Model Delivery Agreement and any Optional Clauses.
Clause 3.1 (Commencement, duration and termination of this Agreement) shall be deleted and shall be replaced by the following:
“This Agreement shall commence on the Commencement Date and shall terminate on 8th September 2021 or earlier in accordance with the provisions of this Agreement (provided always that this shall not prevent the continuity of any works or services pursuant to a Delivery Agreement previously entered into, nor shall it prevent the entry into of any subsequent Delivery Agreements in relation to a Project, the subject of such earlier Delivery Agreement)”.
Clause 5.1(f) (Services to be provided by the Contractor) shall be deleted and shall be replaced by the following:
“No Project Request or Delivery Agreement shall be entered into after termination of this Agreement, save in accordance with the proviso set out in Clause 3.1”.


Winner: Wates Construction Limited