Completion works of part-constructed building at Luckwell Road

{
  "awards": [
    {
      "id": "016694-2025-1",
      "relatedLots": [
        "1"
      ],
      "status": "active",
      "suppliers": [
        {
          "id": "GB-COH-09649435",
          "name": "Markey Construction Limited"
        }
      ]
    }
  ],
  "buyer": {
    "id": "GB-COH-25495R",
    "name": "BRIGHTER PLACES"
  },
  "contracts": [
    {
      "awardID": "016694-2025-1",
      "dateSigned": "2025-04-16T00:00:00+01:00",
      "id": "016694-2025-1",
      "status": "active",
      "value": {
        "amount": 10712899.25,
        "currency": "GBP"
      }
    }
  ],
  "date": "2025-04-24T10:22:48+01:00",
  "id": "016694-2025",
  "initiationType": "tender",
  "language": "en",
  "ocid": "ocds-h6vhtk-0506c1",
  "parties": [
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Bristol",
        "postalCode": "BS56XX",
        "region": "UKK11",
        "streetAddress": "Eden House, 10 Eastgate Office Park"
      },
      "contactPoint": {
        "email": "lucy.coombs@brighterplaces.co.uk",
        "name": "Lucy Coombs",
        "telephone": "+44 1179424600"
      },
      "details": {
        "classifications": [
          {
            "description": "Body governed by public law",
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE"
          },
          {
            "description": "Housing and community amenities",
            "id": "06",
            "scheme": "COFOG"
          }
        ],
        "url": "https://www.brighterplaces.co.uk/"
      },
      "id": "GB-COH-25495R",
      "identifier": {
        "id": "25495R",
        "legalName": "BRIGHTER PLACES",
        "scheme": "GB-COH"
      },
      "name": "BRIGHTER PLACES",
      "roles": [
        "buyer"
      ]
    },
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Gloucester",
        "postalCode": "GL2 2RN",
        "region": "UKK1",
        "streetAddress": "Q1 Quadrant Way, Hardwicke"
      },
      "details": {
        "scale": "sme"
      },
      "id": "GB-COH-09649435",
      "identifier": {
        "id": "09649435",
        "legalName": "Markey Construction Limited",
        "scheme": "GB-COH"
      },
      "name": "Markey Construction Limited",
      "roles": [
        "supplier"
      ]
    },
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "London"
      },
      "id": "GB-FTS-136",
      "identifier": {
        "legalName": "High Court of England and Wales"
      },
      "name": "High Court of England and Wales",
      "roles": [
        "reviewBody"
      ]
    }
  ],
  "tag": [
    "award",
    "contract"
  ],
  "tender": {
    "classification": {
      "description": "Works for complete or part construction and civil engineering work",
      "id": "45200000",
      "scheme": "CPV"
    },
    "description": "The direct award of a JCT 2016 Design and Build Contract to Markey Construction Ltd for the completion of a partly constructed residential affordable housing development following  procurement via the Westworks DPS and subsequent other market engagement failed to procure any interest.   \nThe development comprises the design and construction of the completion of 67 partially constructed dwellings, along with the strip out of defective works, site clearance of defective materials, associated external works including drainage, service connections and diversions, parking areas, footpaths and landscaping. \nThe scheme was originally contracted as a JCT Design and Build Contract in December 2020.  The previous contractor fell into administration in November 2023.  This replacement has been prompted by the insolvency of the previous contractor and the need to complete the housing development in accordance with funding timescales. \nBrighter Places considers the award of a contract without prior publication to be permitted by Part 2 of the Regulations. \nBrighter Places has published this VTN setting out its intention to enter into the contract referred to above. \nBrighter Places will not enter into the contract referred to above before the end of a period of at least ten (10) days beginning with the day after the date on which the VTN was published in the Find a Tender Service.",
    "id": "ocds-h6vhtk-0506c1",
    "items": [
      {
        "additionalClassifications": [
          {
            "description": "Construction work for multi-dwelling buildings and individual houses",
            "id": "45211000",
            "scheme": "CPV"
          }
        ],
        "deliveryAddresses": [
          {
            "region": "UKK1"
          }
        ],
        "deliveryLocation": {
          "description": "Land bounded by Winterstoke Road, Luckwell Road and Lynwood Road, Bristol, BS3 3HH"
        },
        "id": "1",
        "relatedLot": "1"
      }
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "lots": [
      {
        "description": "It is Brighter Places\u0027 intention to award a JCT 2016 Design and Build Contract for the completion of 67 residential dwellings at the land bounded by Winterstoke Road, Luckwell Road, Winterstoke Centre Linwood Road, Bristol BS3 3HH to Markey Construction Ltd for the anticipated sum of \u00a310,712,899.25. \nBrighter Places considers the award of the contract without prior publication to be permitted by Part 2 of the Regulations. \nThe project is required to complete within Homes England grant programme deadlines and therefore extreme urgency has dictated the need for a direct award, following a failed procurement attempt through the Westworks Framework, and further unsuccessful market engagement. \nBrighter Places has possession of the site at Luckwell Road following the administration of the original contractor.  There is currently no sub-contractor presence on site due to the insolvency and there are numerous risks which need to be addressed as a matter of urgency, including site security/safety and the risks associated with further delay including the further degradation of the part-finished buildings.  \nThis VTN sets out Brighter Places intention to enter into the contract referred to above after the expiry of at least 10 days. \nThe conditions to directly award the contract in accordance with regulations 72(1)(d)/32(2) have been met. The contract does not contain substantial modifications.",
        "hasOptions": false,
        "id": "1"
      }
    ],
    "mainProcurementCategory": "works",
    "procurementMethod": "limited",
    "procurementMethodDetails": "Negotiated without publication of a contract notice",
    "procurementMethodRationale": "The award of the contract without prior publication is permitted under Part 2 of the Regulations. \nThe conditions to directly award the contract in accordance with regulation 32(2)(c) have been met:  \n(c) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with (the Extreme Urgency Condition).\nHaving put out the opportunity through the Westworks DPS and having had no responses the need to complete the scheme within grant funding programme deadlines meets the Extreme Urgency Condition. \nThe conditions to award the contract to Markey as a replacement contractor in accordance with regulation 72(1)(d) have been met:\n(d)\t  where a new contractor replaces the one to which the contracting authority had initially awarded the contract.\nThe need for a contract to complete the scheme at Luckwell Road has come about as a direct result of the insolvency of the previous contractor Real SW. The JCT contract does not include substantial amendments and the appointment of Markey is not aimed at circumventing the application of the Regulations.",
    "procurementMethodRationaleClassifications": [
      {
        "description": "Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive",
        "id": "D_EXTREME_URGENCY",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL"
      }
    ],
    "status": "complete",
    "title": "Completion works of part-constructed building at Luckwell Road"
  }
}