Official UK procurement notice
Development of Food Processing Park, Port of Fleetwood
Authority: Wyre Council (Local council)
What is being bought
Published requirement descriptionWyre Council (the "Council") intends to enter into a contract with Associated British Ports ("ABP") for the purchase of freehold land with a new build food processing park at Dock Avenue, Port of Fleetwood (the "Site"). It is a condition of the sale that ABP undertake development works. These works consist of construction and completion of new buildings totaling approx 4764.3 square metres for Use Class B2, 106 parking spaces, servicing, landscaping and waste provision
CPV: Building construction work
The lotProcurement structure
single lot · no lot value publishedLot #1As part of the Council's "Future Fleetwood" vision, the Council has committed to…
As part of the Council's "Future Fleetwood" vision, the Council has committed to regenerating Fleetwood. Part of the Future Fleetwood strategy includes "Project Neptune". Project Neptune is the first phase of the regeneration of Fleetwood Docks which includes a new food processing park in order to safeguard and create local jobs. The Site is currently owned freehold by ABP. ABP has agreed to sell the Site to the Council (the "Sales Contract") and construct the facility.
Under the terms of the Sales Contract, ABP will be responsible for the redevelopment of the Site. This will include an obligation to procure, manage, monitor and supervise the design, construction and completion of the works. The works consist of the demolition of existing buildings and infrastructure at the Site and the construction and completion of buildings of 4764.3 square metres within a food processing park for Use Class B2 and 106 parking spaces in accordance with planning applications registered on 25 November 2020 and 26 November 2020 under reference 20/01087/FULMAJ AND 20/01145/FULMAJ. (the "Works"). The approximate value of the Works described is between £5 million and £10 million.
In respect of Project Neptune, ABP is subject to the Utilities Contracts Regulations 2016. ABP will appoint a building contractor to undertake the Works set out in the Sales Contract in a manner compliant with those Regulations. This will be by use of a Pagabo framework agreement and will be tendered using a Lot for works with a value between £250,000 and £10 million. The amount stated for the "total value of the procurement" is the maximum permissible under the Lot being used. The intention is that works covered by the Sales Contract commence by 1 May2021.
Procedure terms & legal framework
From the official record- Procedure method
- Negotiated without publication of a contract notice
- Legal basis
- CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
- Procurement category
- Works
- Notice status
- Awarded
- Procurement threshold
- Unspecified in notice
- Regulatory regime
- Standard
- Commercial structure
- Stand-alone contract (no framework)
- Competition type
- Competitive procedure
- GPA / WTO covered
- Unspecified in notice
- Recurring procurement
- Unspecified in notice
- First published
- 24 Feb 2021, 15:18 GMT
- Last source update
- 24 Feb 2021, 15:18 GMT
- FTS notice number
2021/S 000-003705- Classification (CPV)
- Delivery area
- Official registry OCID
ocds-h6vhtk-0295e1Find a Tender
- Why no open competition
The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights
- Published justification
The Council relies on Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015 to enter into the Sales Contract with ABP that contains enforceable obligations to undertake the works with a value above the works threshold.
As part of the Council's "Future Fleetwood" vision, the Council has committed to regenerating Fleetwood. The Council has identified the Site as a key component in the regeneration of the area. The first phase of the regeneration of the Fleetwood docks is known as Project Neptune. The Council wishes to acquire the Site in order to create a replacement food processing plant to retain and support local jobs. This will consist of new build commercial space to accommodate food processing facilities and associated other works, including car parking and landscaping.
The Sales Contract sets out the scope of the works and references the planning permissions. The Sales Contract therefore contains an enforceable obligation on ABP to deliver a works contract for the benefit of the Council.
There is no other equivalent site in Fleetwood that can be used to deliver the scheme within the same time frame, at the same cost whether by private acquisition or by utilising CPO powers. There would be little benefit in the Council undertaking such a development from scratch in an alternative area.
The Council has no option but to proceed with the transaction, bound by conditions in the Sale Contract, as ABP has exclusive rights over the Site as the holder of the freehold, to ensure that Project Neptune is carried out without further delay which would be likely to result in detriment to the local area and local economy.
It should be noted that ABP will be undertaking a procurement process for a Building Contractor using a publically procured framework agreement, details of which are set out above. However this is subject to completion of the Sales Contract.
The Council will observe a 10 day standstill period, calculated in compliance with the Public Contracts Regulations 2015, following publication of this VEAT Notice.
Commercial outcome & contract awards
Published awards, contracts and bid statistics, not a forecast| Awarded to | Value | Date | Status |
|---|---|---|---|
| Associated British PortsSubcontracting: Under the Sales Contract, ABP will appoint a building contractor to undertake the Works. | £10,000,000 † | — | Awarded |
Contracts
Contract 003705-2021-1 · Associated British Ports
- Signed
- 2 Dec 2020
- Value
- £10,000,000
- Status
- active
Contracting authority & participating public bodies
Dispute resolution & review bodies
- Wyre Borough CouncilReview body
Bidders & participating suppliers
1 commercial party on the notice- Associated British PortsAwarded supplier
Official documents & specifications
Official links; attachments are not copiedNo document links were published on the notice.