Find a TenderAwarded without competition

Published 10 Oct 2021, 18:05 BST

Official UK procurement notice

Basildon Hospital main entrance and retail facility

Authority: Mid and South Essex NHS Foundation Trust (Central government)

WorksAward procedure without prior publication of a call for competition

Sectors: Construction & Civil Engineering (45)Hotel, restaurant and retail trade services (55) Delivery: East of England (UKH37)

Published estimate£10,650,000exc. VAT

Awarded 15 Jul 2021no call for competition

Awarded to Noviniti Dev Co 8 Ltd

What is being bought

Published requirement description

Mid and South Essex NHS Foundation Trust ("MSE") has entered into a series of leasing arrangements with Noviniti Dev Co 8 Ltd ("Noviniti") and WHSmith ("WHS") in respect of a retail development ("the Development") at Basildon Hospital, Essex ("the Hospital") with WHS as Noviniti's initial tenant and retail operator. MSE has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015 (PCR) and the Concession Contracts Regulations 2016 (CCR).

Noviniti has an option to draw down a 35-year ground lease ("GL") of the site in exercise of an option agreement ("OA") with MSE. The GL has break clauses in favour of MSE after 2 years (so MSE can recover the site if the Development is not commenced) and 30 years from practical completion of the Development

CPV: Construction work · Construction work for buildings relating to health · Entrance hall construction work · Hospital facilities construction work · Retail trade services

The lotProcurement structure

single lot · no lot value published

Lot #1MSE has entered into a tripartite Agreement for Underlease with Noviniti and WHSAwarded

MSE has entered into a tripartite Agreement for Underlease with Noviniti and WHS. In this agreement WHS commits to accepting the grant of a 15-year underlease (with rent obligations to Noviniti) on practical completion of the retail facilities. MSE (as head landlord) will have insurance obligations owed to WHS and a repairing covenant for the retail facilities. MSE may step-in to take the underlease if WHS fails to enter the underlease at practical completion. MSE may enter an Overriding Lease (to become WHS's landlord) if WHS becomes insolvent or defaults on its Underlease, in order to maintain the rental payments to Noviniti. MSE may enter a 15-year Reversionary Lease (with rent obligations to Noviniti) to take effect from the expiry of WHS's underlease. MSE may instead direct these leases be granted to an alternate operator if MSE guarantees rent.

There will be some office space and common parts delivered as part of the scheme. Additional information: Please see Voluntary Transparency Notice of 22/03/2021 for details of option agreement and ground lease - www.find-tender.service.gov.uk/Notice/005723-2021 ↗

Delivery: East of England · Basildon Hospital, Nethermane Mayne, Basildon. SS16 5NL

45214710 Entrance hall construction work 45215100 Construction work for buildings relating to health 45215140 Hospital facilities construction work 55900000 Retail trade services

Procedure terms & legal framework

From the official record

Procedure method: Award procedure without prior publication of a call for competition
Legal basis: CELEX · 32014L0023 Concession Contracts Regulations 2016 (Directive 2014/23/EU)
Procurement category: Works
Notice status: Awarded without competition
Procurement threshold: Unspecified in notice
Regulatory regime: Standard
Commercial structure: Stand-alone contract (no framework)
Competition type: Direct award (no call for competition)
GPA / WTO covered: Unspecified in notice
Recurring procurement: Unspecified in notice
First published: 10 Oct 2021, 18:05 BST
Last source update: 10 Oct 2021, 18:05 BST
FTS notice number: 2021/S 000-025291
Classification (CPV): Construction workConstruction work for buildings relating to healthEntrance hall construction workHospital facilities construction workRetail trade services
Delivery area: East of England (UKH37)
Official registry OCID: ocds-h6vhtk-02ea38 Find a Tender

Review and risk notes

Review procedure: In accordance with Chapter 6 of the Public Contracts Regulations 2015 (as amended) (Regulations 88 to 104) or Chapter 2 of the Concession Contracts Regulations 2016 (Regulation 49 to 64).

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Awards 1

Awarded value £10,650,0001 contract exc. VAT

Bids received 1

Contracts signed 1latest 15 Jul 2021

Awarded to	Value	Date	Status
Noviniti Dev Co 8 Ltd	£10,650,000 †	—	Awarded

Contracts

Basildon Hospital main entrance and retail facility · Noviniti Dev Co 8 Ltd
Signed
15 Jul 2021
Value
£10,650,000
Status
active

Bid statistics published by the authority

Bids	SME	VCSE	Valid bid range
1bids	—	—	—

Contracting authority & participating public bodies

Mid and South Essex NHS Foundation Trust

Contracting authorityCentral GovernmentBody governed by public lawHealth Basildon University Hospital, Nethermayne, Nethermayne, East of England, SS165NLContact name, email, phone

Dispute resolution & review bodies

High Courts of JusticeReview body London

Bidders & participating suppliers

1 commercial party on the notice

Noviniti Dev Co 8 LtdAwarded supplier The Stables, Churchfield Farm, Harley Way., Oundle, UK, PE8 5AUContact email, phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.