Gibfield White Land Development

CPV: Construction work

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

5 Dec 2023, 19:05 GMT

Last source update

22 Dec 2023, 10:06 GMT

FTS notice number

2023/S 000-037789

Classification (CPV)

Construction work

Delivery area

North West (UKD)

Official registry OCID

ocds-h6vhtk-0421f2 Find 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 works can only be provided by a particular economic operator for the following reason: protection of exclusive rights under Regulation 32 (2) (b) (iii) of the Public Contracts Regulations 2015. The contracting authority was approached by Peel L&P Environmental Holdings Limited, (“Peel”) regarding the freehold sale of the land at Gibfield, a site west of North Road, Atherton, Manchester, a site which was within Peel’s ownership and which it wished to transfer to the contracting authority for the development of 113 homes (“the Site”). Peel required the purchaser of the Site to appoint Northstone to carry out the development of the site. Peel and Northstone are part of the same group and have the same persons with significant control. Accordingly, it was a condition of the sale of land agreement between Peel and the contracting authority, that the development works at the Site would be undertaken by Northstone. An extract of the clause included in the sale of land agreement is at section VI.3 for transparency. Under Regulation 32(2)(b)(iii) of the Public Contract Regulations 2015, the contracting authority considered that the works could be supplied by only one economic operator, Northstone, as it held exclusive rights in relation to the development by virtue of its relationship with the land owner and as a condition of the sale of the Site that the contracting authority appointed Northstone to carry out the works. In accordance with Regulation 32(2)(b)(iii), the contracting authority considered that no reasonable alternative or substitute exists. There was no reasonable alternative to route to purchase the Site without it being a condition of sale for the contracting authority to appoint Northstone to undertake the development works. Peel held exclusive rights over the Site as the Site owner and therefore imposed conditions relating to the sale requiring the appointment of Northstone to carry out the development works at the Site. Peel was not willing to sell the Site to the contracting authority without this condition. The contracting authority considered that it would not be given the opportunity to purchase the Site without this condition of sale and the requirement to appoint Northstone as the developer to carry out the works. The contracting authority considered that there were no alternative viable sites for this development. The contracting authority further considered that the absence of competition in this case was not a result of artificial narrowing down of the parameters of the procurement by the contracting authority. This opportunity was presented to it by Peel and Northstone and the structure of the transaction and the design of the development at the Site was already determined by them at the time the opportunity was presented to the contracting authority.

Publisher note: Extract from sale of land agreement: “Developer” means Northstone Development Limited (Company No. 11501341) registered at Venus Building, 1 Old Park Lane, Manchester M41 7HA “Development Contract” means the contract between the Buyer and the Developer under which the Developer will carry out the Proposed Development in the form annexed at Appendix 2 “Proposed Development” means a residential development of the Property as set out in the Planning Permission (as may be varied from time to time); 4.3 The Buyer enters into the Development Contract with the Developer, and acknowledges that it is a condition of the sale of the Property by the Seller to the Buyer that the Developer is appointed by the Buyer to carry out the Proposed Development. To view this notice, please click here: <a href="https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=829897806" target="_blank">https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=829897806</a> GO Reference: GO-20231222-PRO-24843785

• Northstone Development LimitedAwarded supplier11501341 Venus Building, 1 Old Park Lane, Manchester, North West, M41 7HAContact phoneShow contact details

No document links were published on the notice.