Framework Agreement for Loughry Campus Redevelopment Project

Descriptions

This procurement seeks to appoint suppliers to a framework for the phased redevelopment of the College of Agriculture, Food and Rural Enterprise (CAFRE) Loughry Campus, with the Contracting Authority being the Department of Agriculture, Environment and Rural Affairs (DAERA).

Planning permission approval for the project was granted by Mid Ulster District Council in September 2024 (LA09/2024/0386/F).

The Preliminary Market Engagement (PME) requirements of the Procurement Act 2023 was not deemed necessary, given this redevelopment project is considered to be routine construction, with a large supply base capable of delivering each of the anticipated construction contracts.

Each contract awarded from the framework will include: design development, demolition, construction and maintenance.

Due to the nature of the client's business i.e. an educational campus which must remain operational throughout the duration of the redevelopment, it is anticipated that some contracts may be awarded after 4 years following the award of the framework. It is anticipated that the duration of the framework will be for a period of up to 6 years, in line with Regulation 47(2) of the Procurement Act 2023. The framework will provide the delivery of the Scope outlined within the tender documentation.

It is anticipated that the successful supplier of the first contract (Phase 1) will be retained for subsequent contracts (Phase 2 and Phase 3), subject to satisfactory performance of each preceding phase and agreement of costs for each subsequent phase with the Contracting Authority. Up to 5 reserve suppliers will also be awarded to the framework.

The Contracting Authority reserves the right to tender each phase between the framework suppliers and reserves the right to tender each phase of a supplier's design between the framework suppliers, or on the open market. The Contracting Authority also reserve the right to eliminate poor performing suppliers from tendering for future phases.

This framework is not a guarantee of any workload and may be terminated at any time as may be deemed necessary by the Contracting Authority. This framework includes the right for the Contracting Authority to suspend and/or terminate a supplier's participation in the framework.

The anticipated works under this framework will consist of: demolition of existing Packaging, Administration, Science and Food Education buildings and the erection of new hub and conference facilities, new teaching and laboratory spaces, new administrative and staff accommodation, new student residential accommodation, as well as improvements to the campus parking, sitewide services infrastructure, associated site works and an extensive period of planned and reactive maintenance (Government Soft Landings (GSL)) following construction completion of each phase. The successful supplier for each phase will be responsible for the completion of the design and construction of all of the works and management of facilities in accordance with GSL requirements.

The contracts awarded under this framework require the successful supplier to maintain continuity of existing campus functions, ensuring that the design respects the character and configuration of the overall Loughry campus and ensuring that the construction is delivered with minimal disruption to campus activities.

Contract Performance Conditions

Supplier's performance on this framework will be regularly monitored, with the requirement of reporting against Key Performance Indicators (KPIs).

As part of its contract management procedures, the Contracting Authority will use the Protocol for Managing Poor Supplier. Performance contained in Annex K of the Construction Procurement Toolkit.

Construction Toolkit 30-04-24

If a supplier has received more than one current Notice of Written Warning or a Notice of Unsatisfactory Performance, the Contracting Authority, at its discretion, can consider a supplier's exclusion from future procurements, being undertaken on behalf of bodies covered by the Northern Ireland Public Procurement Policy Statement, for a minimum period of 12 months or 3 years respectively.

Complementary Information

The Contracting Authority expressly reserves the right;

a) not to award any Contract as a result of the procurement process commenced by publication of this notice;

b) To make whatever changes it may see fit to the content and structure of the tendering competition;

In no circumstances will the Authority be liable for any costs incurred by candidates participating in this competition.

Contracts awarded as a result of this procurement process shall be considered as contracts made in Northern Ireland and subject to the exclusive jurisdiction of the Northern Ireland Courts. The Contracting Authority reserves the right not to award any contracts as a result of this competition.

The process may be terminated or suspended at any time without cost or liability to the Contracting Authority. While it intends to do so, the Contracting Authority does not bind itself or others to enter into any contract arising out of the procedures envisaged by this notice. No contractual rights expressed or implied arise out of the notice or procedures envisaged by it. The Contracting Authority reserves the right to vary its requirements and the procedures relating to the conduct of the award process. The Contracting Authority shall disqualify any Supplier which is ineligible under Regulation 57 of the Procurement Act 2023 (subject to any overriding public interest requirement) and reserves the right to disqualify any organisation which:

a) Provides information or confirmations which later prove to be untrue or incorrect;

b) Does not supply the information within the timescale required by this notice or by the Tender Stage Documentation or as otherwise required during the process. Instructions on how to submit a tender;

• Suppliers must be registered on the Contracting Authorities eprocurement portal, eTendersNI available on the following link: https://etendersni.gov.uk/epps/home.do

• All Suppliers should follow the instructions on how to submit a tender within the Invitation to Participate (ItP) documents held within the documents area for this procurement on the eTendersNI portal.

Review - Procedure

This procurement is governed by the Procurement Act 2023 and provides for suppliers who have suffered, or who risk suffering, loss, or damage, as a consequence of an alleged breach of the duty owed in accordance with the Act to start proceedings in the High Court. The standstill period, which will be for a minimum of 8 working days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.

Full details of this procurement are set out within the tender documents.