EdCity Master Development Agreement

CPV: Advisory architectural services · Architectural and related services · Architectural design services · Architectural services for buildings · Architectural services for outdoor areas · Architectural, engineering and planning services · Auditorium construction work · Building construction work · Building demolition and wrecking work and earthmoving work · Commercial property management services · Construction work · Construction work for buildings of further education · +86 more

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/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

15 Sept 2021, 22:45 BST

Last source update

15 Sept 2021, 22:45 BST

FTS notice number

2021/S 000-022988

Classification (CPV)

Advisory architectural servicesArchitectural and related servicesArchitectural design servicesArchitectural services for buildingsArchitectural services for outdoor areasArchitectural, engineering and planning servicesAuditorium construction workBuilding construction workBuilding demolition and wrecking work and earthmoving workCommercial property management services

+88 more

Construction workConstruction work for buildings of further education

Delivery area

London (UKI33)

Official registry OCID

ocds-h6vhtk-02e13f Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

• The works, supplies or services can be provided only by a particular economic operator for the following reason:
• protection of exclusive rights, including intellectual property rights

Explanation:

Absolute Return for Kids (Ark), is a non-exempt charity and company registered in England and Wales and

Ark Schools, (also a non-exempt charitable company registered in England and Wales being a multi-academy

trust regulated by the Academies Act 2010) has ownership and occupation rights over a substantial part of

the Site, pursuant to two leases granted in 2013 and 2015 for 125 years, and operates a primary academy

on the Site. Ark is the sole member of Ark schools, therefore Ark (through Ark schools) has exclusive rights

over the Site. The Council therefore genuinely believes that the Council is able to award the contract for the

redevelopment of the Site at Australia Road to EdCity Development Ltd, a subsidiary of Ark, following use of

the negotiated procedure without prior publication of a notice within Regulation 32(b)(iii) of the Public Contracts

Regulations 2015, because the Council can award the contract to an Ark controlled entity only, but not to any

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other contractor, for reasons connected with protection of Ark School's exclusive rights as leaseholder. Ark

Schools (of which Ark is the sole member) and EdCity Office (a company limited by guarantee and a wholly

owned subsidiary of Ark) wish to procure/facilitate the redevelopment of the Site as a mixed-use scheme in two

phases, as described in paragraph II 1.4) above. To that end, Ark Schools and EdCity Office intend to enter into

the Master Development Agreement with two further parties:

(i) the contracting authority (which is the reversionary freehold owner of the Site) as facilitator and part-funder of

the Works; and

(ii) EdCity Development Ltd (a company limited by shares and a wholly-owned subsidiary of Ark) as the

development arm of the Ark organisation.

The MDA is thus a works contract which is proposed to be entered into between four parties, comprising three

different entities within Ark's control and the Council and the relevant works are to be procured principally for the

benefit of Ark Schools, its associated companies and the Council. The contracting authority is willing to enter

into the MDA with Ark Schools, EdCity Office and EdCity Development Ltd because:

(i) it is the reversionary freehold owner and it wishes to secure efficient use of the Site;

(ii) as a local authority with education duties it wishes to facilitate the provision of educational facilities;

(iii) as a local authority it wishes to secure regeneration within its administrative area;

(iv) as local housing authority with strategic responsibility to enable its administrative area's housing needs to be

met, it wishes to part-fund the works.

Accordingly, the Council is entering into a Master Development Agreement and related agreements for

surrenders and leases and other agreements with EdCity Development Ltd under which EdCity Development

Ltd will redevelop the existing Ark Swift primary academy site in two phases. EdCity Development Ltd intends to

award the Works contract to Bowmer and Kirkland.

• EdCity Development LimitedAwarded supplier11511870 The Yellow Building, 1 Nicholas Road, London, London, W11 4AN

No document links were published on the notice.