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Construction Tenders

Sat November 16 2024

Related Information

Construction Contract Leads

North West

Category Services

Type

No. of Lots 8

Status Active

Published 22nd Aug 2024

Tender Details
Referenceocds-h6vhtk-0492e4
Common Procurement VocabularyReal estate services
Procurement MethodOpen procedure
Value£36,000,000
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North West

Category Services

Type

No. of Lots 8

Status Active

Published 22nd Aug 2024

Tender Details
Referenceocds-h6vhtk-0492e4
Common Procurement VocabularyReal estate services
Procurement MethodOpen procedure
Value£36,000,000

Section I: Contracting authority

I.1) Name and addresses

Manchester City Council

Floor 5 (Mount Street Elevation),, Town Hall Extension, Albert Square

Manchester

M60 2LA

Contact

Ms Max Woods

Email

maxime.woods [at] manchester.gov.uk

Telephone

+44 1612347878

Country

United Kingdom

NUTS code

UKD - North West (England)

Internet address(es)

Main address

Buyer's address

I.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at

Additional information can be obtained from the above-mentioned address

Tenders or requests to participate must be submitted electronically via

I.4) Type of the contracting authority

Regional or local authority

I.5) Main activity

General public services


Section II: Object

II.1) Scope of the procurement

II.1.1) Title

TC618 - NORTH WEST CONSTRUCTION HUB – CONSULTANCY FRAMEWORK (2024 TO 2028)

Reference number

DN739086

II.1.2) Main CPV code

  • 70000000 - Real estate services
    • AA01 - Metal

II.1.3) Type of contract

Services

II.1.4) Short description

The NWCH wish to select a number of organisations who are able to deliver Consultancy activities for both design & construct and client design (Construct Only) projects. Professional services framework covering a range of project values which are based on a partnering and collaborative working ethos.

Lot 1 Multi Discipline Services

Lot 2 Architectural

Lot 3 Civil/Structural Engineering

Lot 4 Building Surveying

Lot 5 Mechanical & Electrical

Lot 6 Project & Programme Management

Lot 7 Cost Management

Lot 8 CDM

II.1.5) Estimated total value

Value excluding VAT: £36,000,000

II.1.6) Information about lots

This contract is divided into lots: Yes

Tenders may be submitted for all lots

The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

It is anticipated that there will be 4 Consultants appointed to each individual Framework Lot.

• Lot 1 Multi Discipline Services

• Lot 2 Architectural

• Lot 3 Civil/Structural Engineering

• Lot 4 Building Surveying

• Lot 5 Mechanical & Electrical

• Lot 6 Project & Programme Management

• Lot 7 Cost Management

• Lot 8 CDM

II.2) Description

II.2.1) Title

Lot 1 Multi Discipline Services

Lot No

1

II.2.2) Additional CPV code(s)

  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 1 - Multi Discipline Services

Multi-disciplinary Design Services, Architectural design, civil and structural consultancy, project management, quantity surveying, M&E, landscaping, town planning. Master planning and Urban Design, Architecture, Landscaping, Property Services, Strategic redevelopment assessments, Presentation Visualisations, Environmental, Sustainability, Archaeology, Ecology, Heritage, Public Art, Project and Programme Management Service to act on behalf of the Client, Health Safety Environment Management, Training. Additionally, to provide project support and monitoring for wide ranging project aspects including social value, carbon monitoring, master planning and procurement activities.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £24,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot 2 - ARCHITECTURAL

Lot No

2

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 2 - ARCHITECTURAL

Architectural Design – Commercial and Office Buildings

Production of Affordable and Sustainable Architectural Building Design of Commercial and Office Buildings, housing and residential buildings, Primary and Secondary school buildings, cultural and leisure buildings and projects, landscape design , RIBA Plan, Feasibility Studies, Preparation of Project Briefs, Specifications, design guides and design codes, Site investigation and appraisal, Planning applications and building control applications, BREEAM assessments, Infrastructure studies, Design Audit, Historic Estate advise, DDA & access arrangements, Design Quality, Whole Life Cost, Regeneration, Energy Conservation and Sustainability advice and implementation, Preparation of work packages suitable to tender, Procurement Management, Monitoring of Construction Works, Health Safety Environment Management, Training.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £1,500,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot No

3

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 3 - Civil/Structural Engineering

Production of Affordable and Sustainable Civil Engineering Design, upgrading and refurbishment projects, Topographical surveys, Structural / Condition surveys, Design/Management and interpretation of Site Investigations, Traffic Impact assessments, Feasibility Studies, Structural engineering generally, Civil engineering generally, Traffic and Highways, Drainage Design, Adoption, Flood Risk Assessment, Whole Life Cost Considerations, Preparation of work packages suitable to tender, Procurement Management, Monitoring of Construction Works, Health Safety Environment Management, Training.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £1,500,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot No

4

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 4 - Building Surveying

Production / Design of Affordable and Sustainable Building upgrade and refurbishment projects, Preparing Schedules, General Building Condition Surveys, Structural Surveys Preparation of Specifications, Electrical and Mechanical, Whole Life Cost Considerations, Preparation of work packages suitable to tender, Procurement Management, Monitoring of Construction Works, Health Safety Environment Management, Training.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £1,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot No

5

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 5 – Mechanical & Electrical

Production of affordable and sustainable engineering design of buildings, upgrading and refurbishment projects, Asset Condition Surveys, Design/Management, Feasibility Studies, Utility Assessments, Whole Life Cost Assessment, Electrical Services, Mechanical Services, CCTV and Access Control, Noise Control, Energy Efficiency, Whole Life Cost Considerations, Preparation of work packages suitable to tender, Procurement Management, Monitoring of Construction Works, Health Safety Environment Management, Training.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £1,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot No

6

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 6 - Project & Programme Management

Project and Programme Management Service to act on behalf of the Client to include upgrading and refurbishment of the land and premises, land remediation, infrastructure and development, Business /Economic Support & Operating,

European Regional Develop Funding, actions plans, Risk Management, Science and Research, Leisure and Tourism, Information Technology and Strategy Development, Management of Procurement, Preparation of work packages suitable to tender, Monitoring of Construction Works, Health Safety Environment Management, Gateway Reviews, Knowledge Transfer, Share Best Practice, Skills / Training Delivery. Additionally to provide project support and monitoring for wide ranging project aspects including social value, carbon monitoring, master planning and procurement activities.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting: / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £3,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot No

7

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 7 – Cost Management

Deliver affordable and sustainable new build and refurbishment, building, civil engineering and landscape projects, Appraisal work, Direct Development and Post Agreement Monitoring, Whole Life Cost Considerations, Preparation of work packages suitable to tender, Procurement Management, Monitoring of Construction works, Contract Administration, Health Safety Environment Management, Training. . Additionally to provide project support and monitoring for wide ranging project aspects including social value, carbon monitoring, master planning and procurement activities.

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £3,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No

II.2) Description

II.2.1) Title

Lot No

8

II.2.2) Additional CPV code(s)

  • 70000000 - Real estate services
  • 71200000 - Architectural and related services
  • 71300000 - Engineering services
  • 71400000 - Urban planning and landscape architectural services
  • 71500000 - Construction-related services
  • 71600000 - Technical testing, analysis and consultancy services

II.2.3) Place of performance

NUTS codes
  • UKD - North West (England)

II.2.4) Description of the procurement

Lot 8 - CDM

Manchester City Council (MCC) is currently engaged upon a programme of works across the city for a wide range of clients. The programme is delivering numerous projects having a large proportion of which need to comply with the Construction (Design and Management) Regulations 2015 (CDM 2015).

There is a need to support the client’s position with regard health and safety in a variety of capacities:-

• the capacity of a CDM Adviser (CDMA) to undertake delegated duties under CDM 2015 Regulations 4, 5 & 6 roles and responsibilities, primarily under Design and Build procurement process whereby the Principal Contractor (PC) is required to confirm in writing the appointment of a competent Principal Designer (PD) and/or Design Team (DT) for the project

• provision of a professional service acting as the Principal Designer on schemes designed in house by the MCC Technical Team

• provision of service as a nominated party under the Building Safety Act

II.2.5) Award criteria

Quality criterion - Name: Quality which includes Social Value, Carbon Neutral and Environment / Weighting: / Weighting: 70

Price - Weighting: 30

II.2.6) Estimated value

Value excluding VAT: £1,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

Option to extend for a further 12 months.

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No


Section IV. Procedure

IV.1) Description

IV.1.1) Type of procedure

Open procedure

IV.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement

Framework agreement with several operators

In the case of framework agreements, provide justification for any duration exceeding 4 years:

IV.1.8) Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

IV.2.2) Time limit for receipt of tenders or requests to participate

Date

24 September 2024

Local time

11:00am

IV.2.4) Languages in which tenders or requests to participate may be submitted

English

IV.2.7) Conditions for opening of tenders

Date

24 September 2024

Local time

11:00am


Section VI. Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: No

VI.3) Additional information

The Council is using the e-business portal known as the Chest. Applicants will need to register their details at the following link . Once registered, applicants will be emailed a log-in and password which will allow them to gain access to the documentation relating to this opportunity. Applicants will need to electronically submit their completed tender documents, including a questionnaire, via the on-line portal by 11am on 24th September 2024 as referred to in IV.2.2. Any clarification queries must also be submitted via the Chest website by the date referred to in the tender documentation.

The contracts will be for 3 years, expected to commence December 2024 with option to extend for up to an additional 1 year.

The successful supplier will be required to actively participate in the economic and social regeneration of the locality of, and surroundings of, the place of delivery of the contract. Therefore, selection and award criteria, specification requirements and contract performance conditions may relate in particular to social and environmental considerations as relevant to the subject matter of this project. The Council reserves the right not to award the framework, as a result of this Contract Notice. The Council shall not be liable for any costs or expenses incurred by any organisation in responding to this notice or in tendering for the proposed framework.

All submissions must be in English, with any clarifications or discussions conducted in English. Tenders and supporting documents must be priced in pounds sterling and all payments under the proposed contract will be made in pounds sterling. Please note that although quantities and descriptions in the framework are those used and required by Manchester City Council this framework is open to and may be used by other Authorities and Manchester Partners - this includes the following Councils. Greater Manchester Combined Authority, Liverpool City Region Combined Authority, Cheshire East Council

Cheshire West and Chester Council

Halton Borough Council

Warrington Borough Council

Cumberland Council

Westmorland and Furness Council

Bolton Metropolitan Borough Council

Bury Metropolitan Borough Council

Manchester City Council

Oldham Metropolitan Borough Council

Rochdale Metropolitan Borough Council

Salford City Council

Stockport Metropolitan Borough Council

Tameside Metropolitan Borough Council

Trafford Council

Wigan Council

Blackburn with Darwen Borough Council

Blackpool Council

Burnley Borough Council

Chorley Borough Council

Fylde Borough Council

Hyndburn Borough Council

Lancashire County Council

Lancaster City Council

Pendle Borough Council

Preston City Council

Ribble Valley Borough Council

Rossendale Borough Council

South Ribble Borough Council

West Lancashire Borough Council

Wyre Council

Knowsley Metropolitan Borough Council

Liverpool City Council

Sefton Metropolitan Borough Council

St Helens Council

Wirral Metropolitan Borough Council

Cheshire Fire Authority

Cheshire Fire and Rescue Service

Cumbria Fire and Rescue Service

Greater Manchester Fire and Rescue Service

Lancashire Combined Fire Authority

Lancashire Fire and Rescue Service

Merseyside Fire and Rescue Authority

Merseyside Fire and Rescue Service

Police and Crime Commissioner for Cheshire

Cheshire Constabulary

Police, Fire and Crime Commissioner for Cumbria

Cumbria Constabulary

Greater Manchester Police

Police and Crime Commissioner for Lancashire

Lancashire Constabulary

Police and Crime Commissioner for Merseyside

Merseyside Police

British Transport Police

Active Tameside

Burnley Leisure and Culture

GLL Leisure

Hyndburn Leisure Trust

LiveWire Warrington

Oldham Community Leisure Trust

Pendle Leisure Trust

Rochdale Boroughwide Cultural Trust

Rossendale Leisure Trust

Salford Community Leisure Trust

Alder Hey Children’s NHS Foundation Trust

Blackpool Teaching Hospitals NHS Foundation Trust

Bolton NHS Foundation Trust

Bridgewater Community Healthcare NHS Foundation Trust

Cheshire and Wirral Partnership NHS Foundation Trust

Countess of Chester Hospital NHS Foundation Trust

East Cheshire NHS Trust

East Lancashire Hospitals NHS Foundation Trust

Greater Manchester Mental Health NHS Foundation Trust

Lancashire and South Cumbria NHS Foundation Trust

Lancashire Teaching Hospitals NHS Foundation Trust

Liverpool Heart and Chest Hospital NHS Foundation Trust

Liverpool University Hospitals NHS Foundation Trust

Liverpool Women’s NHS Foundation Trust

Manchester University NHS Foundation Trust

Mersey and West Lancashire Teaching Hospital NHS Trust

Mersey Care NHS Foundation Trust

Mersey & West Lancashire Teaching Hospitals NHS Trust

Mid Cheshire Hospitals NHS Foundation Trust

North Cumbria Integrated Care NHS Foundation Trust

North West Ambulance Service NHS Trust

Northern Care Alliance NHS Foundation Trust

Pennine Care NHS Foundation Trust

Stockport NHS Foundation Trust

Tameside and Glossop Integrated Care NHS Foundation Trust

The Christie NHS Foundation Trust

The Clatterbridge Cancer Centre NHS Trust

The Walton Centre NHS Foundation Trust

University Hospitals of Morecambe Bay NHS Foundation Trust

Warrington and Halton Hospitals NHS Foundation Trust

Wirral Community Health and Care NHS Foundation Trust

Wirral University Teaching Hospital NHS Foundation Trust

Wrightington, Wigan and Leigh NHS Foundation Trust

Accrington and Rossendale College

Alusid Limited

Aquinas College

Ashton Sixth Form College

Beaumont College

Birkenhead Sixth Form College

Blackburn College

Blackpool and The Fylde College

Bolton College

Bolton Sixth Form College

Bridge College

Burnley College

Bury College

Cardinal Newman College

Carlisle College

Carmel College

Cheshire College South and West

Furness College and Barrow Sixth Form

Higham Hall College

Holy Cross College and University Centre

Hopwood Hall College

Hugh Baird College

Kendal College

King George V Sixth Form College

Knowsley Community College

Lakes College – West Cumbria

Lancashire Adult Learning

Lancaster and Morecambe College

Lancaster University School of Mathematics

Liverpool Institute for Performing Arts

Loreto College

LSTM – Liverpool School of Tropical Medicine

Macclesfield College

Manchester Business School Alliance

Marple Sixth Form College

Mersey Tidal One Limited

Myerscough College

Nelson and Colne College

Newsham Adult Learning Centre

North Western Universities Purchasing Consortium

Northern Baptist College

Oldham College

Oldham Sixth Form College

Priestley College

Preston College

Reaseheath College

Riverside College

Rochdale Sixth Form College

Royal Northern College of Music

Runshaw College

Salford City College

Sir John Dean’s College

St John Rigby College

SK College Group

Southport College

St.Mary’s College Blackburn

Stockport College

Tame River Educational Trust

Tameside College

The Blackpool Sixth Form College

The Co-operative College

The City of Liverpool College

The David Lewis College of Further and Continuing Education

The Manchester College

Trafford College

Warrington and Vale Royal College

West Lakes Research Limited

West Lancashire College

Wigan and Leigh College

Winstanley College

Wirral Met College

Workers Educational Association

Xaverian College

Edge Hill University

Lancaster University

Liverpool Hope University

Liverpool John Moores University

Manchester Metropolitan University

The Open University

The University of Bolton

The University of Law

University of Central Lancashire

University of Chester

University of Cumbria

University of Liverpool

University of Manchester

University of Salford

Manchester Airport Group

Mersey Travel

Traffic Commissioners ( North West of England )

Transport for Greater Manchester

Other

Care Home providers

Catholic Diocese

Church of England Diocese

Home Office

Housing Associations

Lake District National Park Authority

Local Enterprise Partnership – Cumbria

Local Enterprise Partnership – Greater Manchester

Local Enterprise Partnership – Lancashire

Local Enterprise Partnership – Liverpool City Region

Merseyside Recycling & Waste Authority

Ministry of Defence

Ministry of Justice

Nuclear Decommissioning Authority (NDA) / NDA Group and subsidiaries

Registered Social Providers

VI.4) Procedures for review

VI.4.1) Review body

The High Court (England, Wales and Northern Ireland)

The Strand

London

WC2A 2LL

Country

United Kingdom

VI.4.3) Review procedure

Precise information on deadline(s) for review procedures

The Council will incorporate a minimum 10 calendar day standstill period at the point information on the award of the framework is communicated to tenderers prior to entering into the framework. If an appeal regarding the award of a framework has not been successfully resolved, the Public Contract Regulations 2015 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland)