Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-07-09
Buyer: Dumfries and Galloway Council
Country: UK
Region: Dumfries & Galloway
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45210000: Building construction work | 45212110
Estimated value: 9985685 GBP
Award criteria: Lowest price

Technical requirements: This project is to remediate defects inside and externally on the newly built DG One leisure complex in the centre of Dumfries. It opened after construction in 2008, and since then has been impacted by numerous issues, including serious pool leakage and excessive heat loss.
Dumfries and Galloway Council require a contractor to undertake construction works to rectify existing defects in DG One. The main works include replacement of all roof areas, extensive replacement of external cladding and brickwork, installing a damp proof course, pools to be re-tanked, all pool side screeds and tiling replaced, replacement ceiling grids in wet changes, installation of fire/temperature partitioning between dry and wet sides throughout.
This project is to remediate defects inside and externally on the newly built DG One leisure complex in the centre of Dumfries. It opened after construction in 2008, and since then has been impacted by numerous issues, including serious pool leakage and excessive heat loss.
Dumfries and Galloway Council require a contractor to undertake construction works to rectify existing defects in DG One. The main works include replacement of all roof areas, extensive replacement of external cladding and brickwork, installing a damp proof course, pools to be re-tanked, all pool side screeds and tiling replaced, replacement ceiling grids in wet changes, installation of fire/temperature partitioning between dry and wet sides throughout.
The contracting authority, Dumfries and Galloway Council (the ‘Council’) initially went out to procurement for a contractor to carry out remedial works at DG One under the restricted procedure as per the Contract Notice (OJEU: 2015/S 081-142508 of 21.4.2015).
The Council issued a pre-qualification questionnaire (PQQ) to those tenderers who noted an interest and as per the Contract Notice, invited those who were selected at PQQ stage to tender for the contract. Only 1 tenderer at this stage submitted a bid, namely McLaughlin and Harvey Ltd. The Council required to use the negotiated procedure without prior publication of a contract notice in order to meet value for money and affordability requirements.
The Council is in negotiations with McLaughlin and Harvey Ltd and intends to award the contract to McLaughlin & Harvey Ltd on conclusion of the negotiations. The Council will incorporate a ‘standstill period’ of a minimum of 10 calendar days between the date on which this Voluntary Ex-Ante Transparency (VEAT) Notice is published in the Official Journal of the European Union (OJEU) and the date on which the Council proposes to enter into the contract.
It is anticipated that the appointed main contractor will sub contract specialist elements of this contract such as ground-works and external works, roofing and cladding, partitions and ceilings, mechanical and electrical and interiors and finishes.
Following a change of name between Barr Construction and McLaughlin & Harvey Ltd (both companies are part of the same group of companies). The original PQQ submitted by the bidder was named as Barr Construction. However, subsequent negotiations have been with McLaughlin & Harvey Ltd due to the name change in early 2015.
Aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take action in the Sheriff Court or Court of Session.


Award value: 9985685