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St Bartholomews Court Extra Care scheme, Rye, East Sussex - renovation and refurbishment contract.

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Sanctuary Affordable Housing Limited
Sanctuary House, Chamber Court, Castle Street
For the attention of: Mr Michael Nee
WR1 3ZQ Worcester
UNITED KINGDOM
Telephone: +44 1905763333
E-mail:

Internet address(es):

General address of the contracting authority/entity: http://www.sanctuary-housing.co.uk

Address of the buyer profile: http://www.sanctuary-housing.co.uk

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Housing and community amenities
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract
Saint Bartholomew's Court, Rye - Extra Care scheme.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Execution
Main site or location of works, place of delivery or of performance: St bartholomew's Court, Rye, East Sussex.

NUTS code UKJ22

II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
St Bartholomews Court Extra Care scheme, Rye, East Sussex - renovation and refurbishment contract.
II.1.5)Common procurement vocabulary (CPV)

45211000, 45212400, 45212500, 45215120, 45215214, 45215210

II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 5 400 000,00 GBP
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
No tenders or no suitable tenders in response to: restricted procedure
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive yes
Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract falls outside the scope of application of the Directive
Sanctuary Affordable Housing Limited ("Sanctuary”) is currently providing extra care & supported living facilities in a sheltered housing complex in Rye, East Sussex. Sanctuary has received a HCA Grant which has enabled the funding of a planned renovation and refurbishment construction project. Sanctuary is proposing to award the construction contract to Jenner (Construction) Ltd ("Jenner”). The full value of the planned construction contract is £5 400 000. Sanctuary believes that due to a permitted exemption defined in regulation 14(1)(a)(iv)(cc) of the Public Contracts Regulations 2006 (as amended) ("PCR’s”) it may use the negotiated procedure without prior publication of a contract notice and without a call for competition. This is due to the fact that, for reasons of extreme urgency brought about by events unforeseeable by, and not attributable to Sanctuary, the time limits in regulation 16 of the PCRs (applicable to the restricted procedure) cannot be met. The HCA Grant drawdown must be achieved by March 2015, and failure to deliver the renovation and refurbishment construction project by this deadline will result in the loss of the grant funding to Sanctuary. The originally envisaged contract period of 15 months cannot now be achieved, due to the unforeseen development that based upon Sanctuary's M&E; Consultant Report, taking into account the fact that the residents are electing to remain in occupation, a complex programme of enabling work followed by a four phase sectional completion contract will now be required, so as to ensure uninterrupted heating, hot water and electrical services to the elderly persons throughout the works. This now necessitates a more complex structuring of each phase of the works, which will extend the contract period from 15 months to approximately 24 months, preceded by a 3 month enabling works period totalling 27 months. It is a necessity that Sanctuary must now enter into an agreement for the execution of the works by January 2013 at the very latest. If this is not achieved, the construction project will not meet its HCA Grant drawdown deadline of March 2015 and thus the project will lose its funding, and in that event this project will subsequently lose its viability. Sanctuary proposes to award the construction contract to Jenner. Jenner is a local medium-sized contractor, who have worked with Sanctuary previously and who are thereby known to Sanctuary. In addition, Jenner is currently working on the adjacent hospital site and thereby Jenner have an in depth knowledge of the infrastructure services and diversion works required. Jenner is therefore in a unique position to facilitate the delivery of the construction project within the urgent timescales explained above.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
IV.3.2)Previous publication(s) concerning the same contract

Section V: Award of contract

V.1)Date of contract award decision:
18.10.2012
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Jenner (Contractors) Limited
Century House, Park Farm Road Park Farm Industrial Estate Folkestone
CT19 5DW Kent
UNITED KINGDOM
E-mail:
Telephone: +44 1303255444
Internet address: http://www.jenner-group.co.uk
Fax: +44 1303242446

V.4)Information on value of contract
Initial estimated total value of the contract
Value: 5 400 000,00 GBP
Excluding VAT
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Sanctuary Affordable Housing Limited
Chamber Court, Castle Street, Worcestershire
WR1 3ZQ Worcester
UNITED KINGDOM
E-mail:
Telephone: +44 1905763333
Internet address: http://www.sanctuary-housing.co.uk

Body responsible for mediation procedures

Sanctuary Affordable Housing Limited
Chamber Court, Castle Street, Worcestershire
WR1 3ZQ Worcester
UNITED KINGDOM
E-mail:
Telephone: +44 1905763333
Internet address: http://www.sanctuary-housing.co.uk

VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals In accordance with Regulations 47 to 47P of the Public Contracts Regulations 2006 (as amended).
VI.3.3)Service from which information about the lodging of appeals may be obtained

Sanctuary Affordable Housing Limited
Chamber Court, Castle Street, Worcestershire
WR1 3ZQ Worcester
UNITED KINGDOM
E-mail:
Telephone: +44 1905763333
Internet address: http://www.sanctuary-housing.co.uk

VI.4)Date of dispatch of this notice:
5.11.2012