Civil Engineering Framework (Scotland)

Scope, procedure and submissions

Id

SP-21-041

Status

complete

Review Details

The notification will incorporate a ‘standstill period’ of a minimum of 28 clear calendar days between the date on which the Authority dispatches the VEAT notice and the date on which the authority proposes to issue the modification notice. The bringing of court proceedings against the authority during the standstill period will automatically continue the prohibition on entering into the framework agreement modification notice until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the courts before the framework agreement has been entered into include the setting aside of the decision to award the framework agreement modification notice. The bringing of court proceedings against the authority after the framework agreement has been entered into will not affect the framework agreement unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the framework agreement has been entered into are limited to the award of damages.

Procurement Method

limited

Main Procurement Category

works

Procurement Method Details

Award procedure without prior publication of a call for competition

Why this procedure was chosen

The proposed extension is required due to the current level of uncertainty around funding for public civil engineering projects in Scotland within the framework’s call-off value range of 5M-100M GBP. There is no certainty in terms of timelines for projects currently in the pipeline. As a result of this uncertainty, no call-offs have been undertaken and we are in a position where we are unable to scope a successor arrangement to the current Civil Engineering Framework (Scotland). It is anticipated, that by extending the framework by 24 months, with the option to extend a further 24 months should uncertainty persist, this will allow for greater clarity around future pipeline and service needs. This should enable a future procurement to have an increased level of pipeline certainty and future demand. Due to the pausing or delay of projects 2024/2025, the anticipated spend through the framework Lots has been significantly below the stated contract value within the published Contract Notice – currently no call-off contracts have been undertaken. It is anticipated that value of the Framework Contract will not exceed the original value in the Contract Notice. There is no proposed modification to the overall nature of the framework. The justification for the framework extension shall be on the basis of Regulation 72 (1) (c) where all of the following conditions are fulfilled— (i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii) the modification does not alter the overall nature of the contract or framework; (iii) any increase in price does not exceed 50% of the initial contract value or Framework Agreement. A modification notice will be issued via Public Contract Scotland portal on conclusion of the VEAT notice period, confirming a modification to the existing contract under Regulation 72 (1) (c). The value referred to in this notice within sections II.1.7 and V.2.4 refers to the initial value of the original framework procurement which is not anticipated to be exceeded during the extension period.

Lots and requirements

Items and delivery

Buyer, suppliers and contacts

Award information

Contracts and changes

Recorded locations

• Buyer location · Glasgow · UKM · G2 8LU · United Kingdom
• Delivery location · UKM