Find a TenderAwarded without competition
Published 29 May 2023, 10:09 BST

Official UK procurement notice

Falkirk Gateway Development Agreement

Official notice

Authority: Falkirk Council (Local council)

WorksAward procedure without prior publication of a call for competition
Awarded value£434,0002 contracts · exc. VAT
Awarded 22 Jun 2023no call for competition
Awarded to Hargreaves Property Ventures Ltd2 awards

What is being bought

Published requirement description

Installation of shared use cycle / pedestrian route as part of a development site sale

CPV: Footpath construction work

The lotProcurement structure

single lot · no lot value published
Lot #1The Council intends to enter into two development agreements with Hargreaves Property…Awarded

The Council intends to enter into two development agreements with Hargreaves Property Ventures Ltd. to lease / sell land at adjacent sites in Falkirk to the north-west and south-west of Westfield Roundabout. The development agreements follow a marketing exercise carried out in December 2017, a preferred developer being identified (the highest bidder in this case) in 2018 and Heads of Terms agreed in 2021. Developers were required to submit a draft masterplan showing the mix of housing and commercial development proposed and a price offer.

Because the development agreements as a whole impose no positive obligations to develop on the preferred developer, the Council does not consider that they are within the scope of application of the Public Contracts (Scotland) Regulations 2015. A positive obligation does exist in relation to the site to the north-west of the two sites which is to construct a shared use pedestrian and cycle lane (the green corridor route). The estimated value of the works involved in the provision of the green corridor route as being GBP234,000, and therefore were that contract to be procured on its own it would not satisfy the value thresholds above which the Public Contracts Regulations apply. On that basis the Council's position is that the development agreement does not have the effect of awarding a contract that would be subject to the regulations. The development agreement also requires the developer to secure planning approval for the development in general prior to purification of the agreement.

Delivery: Scotland · Falkirk Gateway Site North (to the North west of Westfield Roundabout)

Procedure terms & legal framework

From the official record · publisher note attached
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
29 May 2023, 10:09 BST
Last source update
21 Jul 2023, 10:32 BST
Authority reference
n/a
FTS notice number
2023/S 000-021057
Classification (CPV)
Footpath construction work
Delivery area
Scotland (UKM76)
Official registry OCID
ocds-h6vhtk-03d00f Find a Tender
Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The works are only able to be delivered by the developer as a part of a wider development scheme after the commencement of a lease by them. The marketing procedure was undertaken as a sale of land prior to the Faraday case.

Publisher note: (SC Ref:739476)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 2
Awarded value £434,0002 contracts exc. VAT
Bids received 1
Contracts signed 2latest 22 Jun 2023
Awarded toValueDateStatus
Hargreaves Property Ventures LtdSubcontracting: All the construction costs associated with the construct of cucle/pedestrian paths£200,000 †—Awarded
Hargreaves Property Ventures LtdSubcontracting: All the construction costs associated with the construct of cucle/pedestrian paths£234,000 †—Awarded

Contracts

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids · 1 electronic · 1 from abroad0——

Contracting authority & participating public bodies

Falkirk Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services The Foundry 4, Central Park, Central Boulevard, Larbert, Falkirk, Scotland, FK5 4RUContact email, phone

Dispute resolution & review bodies

  • Falkirk Sheriff CourtReview body Falkirk,

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.