Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-06-19
Buyer: Clare County Council
Country: IE
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45000000: Construction work | 45200000: Building and civil engineering work | 45220000 | 45222000 | 45230000
Estimated value: 8500000 EUR

Technical requirements: Clare County Council intends to use Regulation 32 the use of negotiated procedure without prior publication of the European Union (Award of Public Contracts) Regulations 2016 in order to procure emergency remedial works.
Clare County Council intends to use Regulation 32 the use of negotiated procedure without prior publication of the European Union (Award of Public Contracts) Regulations 2016 in order to procure the emergency remedial works. The works involve the construction of a 1 200 m sheet piled wall along the riverbank.
Clare County Council is currently undertaking the Ennis South Flood Relief Scheme. The aim of the scheme is to alleviate flooding at St Flannan’s College and surrounding areas, the residential area of Ballybeg and the Clareabbey Floodplain. The scope of the works is as follows:
4) upgrade the existing but deficient flood embankments along the River Fergus from Doora Bridge to the N85 at Clareabbey.
The consultant engineers for the project are Ryan Hanley and the contractor is Ward and Burke Construction Ltd. The Ballybeg section is now complete and the St Flannans College section is 85 % complete. Work on the embankment has ceased currently.
We encountered some difficulties during the construction of an Earthen Embankment along by the riverbank from Doora Bridge to the N85 at Clareabbey resulting in 2 no slippages of the original embankment due to extremely poor ground conditions. This resulted in the river bursting its banks and temporary works were required to mitigate the flood risks. Critically a review of the ongoing flood protection was undertaken and the best means of future proofing same was identified. We have been advised that in their current conditions, the flood defences would be of little or no use should river levels continue to rise and it is imperative that an effective flood defence be constructed as soon as possible if Clare County Council is to restore the flood protection to the residents and business owners of properties bordering the Clareabbey Floodplain.
Arising from considered discussion, and the very real risk of significant flooding next winter, it is the project teams considered view that a sheet pile wall needs to be constructed along the line of the originally proposed embankment at the very earliest juncture. We are also advised that due to the seasonal environmental constraints pertaining to the special area of conservation, the works can only be carried out between April and September.
We simply cannot wait to undertake the works given the risks next winter pertaining to both commercial and residential areas of Ennis, namely Abbeycourt, Abbeyville, Lower Tobarteascain and the Quin Road Business Park. There is a clear and present danger to public health and life, should we experience a delay in carrying out the works.
The Office of Public Works have agreed to vary the scheme from the Earthen Embankment as originally proposed to a sheet pile wall construction now deemed necessary. Given the extreme urgency of the works required, Clare County Council engaged specialist construction procurement solicitors to provide expert procurement advice. Their expert advice confirms that Regulation 32, the use of negotiated procedure without prior publication of the European Union (Award of Public Contracts) Regulations 2016 complies with procurement regulations and policies and allows the works to be carried out. They further advise that while not mandatory, it would be good practice to publish a VEAT (Voluntary Ex Ante Transparency Notice) in accordance with Section 11 (8) of S.I No 130/2010 – European Communities (Public Authority Contracts) (Review Procedures) Regulations 2010 on eTenders and the Official Journal of the European Union, hence the publication of this notice herein.
In conclusion, given the gravity of the situation, particularly that there is a threat to life, it is clear that Clare County Council has no alternative but to use Regulation 32 in order to procure the remedial works.


Winner: Ward and Burke Construction Ltd
Award value: 8500000