Hampden Road Lease · UK public procurement notice

CPV: Non-residential property renting or leasing services

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

Services

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

23 Jun 2021, 16:13 BST

Last source update

23 Jun 2021, 16:13 BST

Authority reference

DN552223

FTS notice number

2021/S 000-014335

Classification (CPV)

Non-residential property renting or leasing services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-02bf72 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Award of a contract without prior publication of a call for competition in the Official Journal of the European

Union in the cases listed below

• The procurement falls outside the scope of application of the directive

Explanation:

This is a contract for the acquisition of a leasehold interest and rental of the Property which is exempt from the Public Contracts Regulations 2015 under Regulation 10(1)(a). For complete transparency, the Council is publishing this notice to detail the exempt land transaction and will be respecting a voluntary 10 day standstill period. The Property is being acquired by the Landlord from a third party unconnected with the Council, original planning permission for the development was obtained prior to the involvement of GCL and the Council as potential tenants and the development is being funded by the Landlord who will enter into a development agreement for the construction of the Property with a third party developer.

Any works and general maintenance and management services being undertaken by the Landlord are incidental to the lease arrangements and the Council is not specifying any works, hence the agreement for lease does not constitute a public works or services contract or concession contract.

The Council has not published a contract notice for the opportunity pursuant to the PCR 2015 or the Concession Contracts Regulations 2016, because the transaction detailed above does not comprise a ‘public works or services contract’ or a ‘concession’ which would require formal procurement pursuant to the UK’s public procurement regime. Instead, the agreement for lease comprises a land transaction which is excluded from the scope of the procurement regime, pursuant to regulation 10(1)(a) and/or regulation 4(2)(b) of the PCR 2015 and/or regulation 10(11)(a) and/or regulation 20(4)(a) of the CCR 2016.

The cumulative requirements for a public works contract is not met. Neither the Council nor GLC setting

the specification for works. The works involved– construction of residential and commercial property and ancillary accommodation are being specified by the Landlord and its developer. The Council and GLC are not exercising control or decisive influence over the construction or design of the development and their role is limited to inspection rights in respect of the development, updates on progress and some limited consultation on desirable outcomes. As noted above, there is no legally enforceable obligation on the Landlord to undertake the construction.

The Council’s predominant purpose in this transaction is obtaining a leasehold interest via an exempt land transaction and, therefore, insofar as any works are involved (which the Council does not accept), this would be an exempt transaction in accordance with regulation 4 of the PCR 2015 and/or regulation 20 of the CCR 2016.

The Council may therefore enter into the agreement for lease without prior publication of a Contract Notice. Whilst not legally required to publish this notice, the Council has taken the step in the interests of giving full transparency to the agreement for lease which as results from the private sector development of the site and will be voluntarily respecting a 10 day standstill period following the publication of this notice before entering into the above mentioned transaction.

• Legal and General Pensions LimitedAwarded supplier One Coleman Street, LONDON, UK, EC23 5AA

No document links were published on the notice.