Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2021-10-26
Buyer: Scarborough Borough Council
Country: UK
Contract type: Works
Procedure: Restricted procedure
CPV classification: 45000000: Construction work | 45100000: Site preparation work | 45200000: Building and civil engineering work | 45211000: Construction work for multi-dwelling buildings | 45211100
EU fund: EU Fund

Technical requirements: Lots 1a-d £0 - £250,000, Lots 2a-d over £250,000 - £1m, Lots 3a-d over £1m - £4m, Lots 6a-d new housing 1 to 10 units
A framework agreement for Construction works, including Contractors design when required. The works involved are principally building work and new housing but some civil engineering works may also be included. This framework replaces the original YORbuild North Area Contractors Framework and builds upon its legacy of partnership and collaborative working. It is envisaged that the main users of the framework will be Local Authorities, Emergency Services (Police, Fire and Health services), Educational establishments (Schools, Academies, Universities and Colleges) and Housing Organisations (Housing Associations and Social Landlords)as detailed within VI.3.of the contract notice issued on 30/10/14
The framework included an option to extend for 2 years to allow the appointed contractors adequate time to recoup their significant investment in establishing processes and procedures that will deliver improvement that clients are seeking through this framework. These include Economic Regeneration, Carbon and Waste Reduction, Employment Initiatives, BIM and New Models of Construction Procurement.
The procurement is related to a project and/or programme financed by European Union funds: yes Identification of the project: Some projects may receive financial contributions from EU funds.
Lots 1a-d £0 - £250,000, Lots 2a-d over £250,000 - £1m, Lots 3a-d over £1m - £4m, Lots 6a-d new housing 1 to 10 units
The Public Contracts Regulations provide for an economic operator who suffers or risks suffering loss or damage by a breach of the rules to take action in the High Court (England and Wales).
A framework agreement for Construction works, including Contractors design when required. The works involved are principally building work and new housing but some civil engineering works may also be included. This framework replaces the original YORbuild North Area Contractors Framework and builds upon its legacy of partnership and collaborative working. It is envisaged that the main users of the framework will be Local Authorities, Emergency Services (Police, Fire and Health services), Educational establishments (Schools, Academies, Universities and Colleges) and Housing Organisations (Housing Associations and Social Landlords)as detailed within VI.3 of the Contract Notice issued on 30/10/2014.
The framework included an option to extend for 2 years to allow the appointed contractors adequate time to recoup their significant investment in establishing processes and procedures that will deliver improvement that clients are seeking through this framework. These include Economic Regeneration, Carbon and Waste Reduction, Employment Initiatives, BIM and New Models of Construction Procurement.
The framework will be extended by a further six months. The three conditions in Regulation 72 (1)(c) permitting this modification have been met as follows:
(i) disruption caused by Covid-19 and unprecedented issues currently being experienced in the Construction sector could not have been foreseen.
(ii) the modification does not alter the overall nature of the contract. The scope of the framework will remain the same and it will continue to operate in exactly the same way during the six month extension period.
The Covid-19 pandemic has disrupted the operation of the framework and delayed its re-procurement and could not have been foreseen, nor could the unprecedented issues currently facing the construction sector. These include but are not limited to significant increases in market activity caused by pent up demand being released, stimulus spending to speed up recovery, spikes in material prices, material shortages, delayed or extended framework procurements all coming to the market at a similar time. These market pressures necessitate the need for the framework to operate longer to ensure the delivery of key public sector projects and to allow longer periods for the market to respond to the tender to secure a replacement framework.


Winner: Bermar Building Company Ltd (appointed to Lots 1c & 1d)