Official UK procurement notice
MID/26/26 Auchendinny Penicuik , Affordable Housing Supply Programme
Authority: Midlothian Council (Local council)
What is being bought
Published requirement descriptionIn terms of Midlothian Council’s affordable housing policy, it is noted that the Penicuik area is one of the Council’s locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF (“the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations).
The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing.
As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations.
Through this negotiated procedure, the Council has ensured that value for money has been achieved.
The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice
CPV: Construction work for houses · Houses construction work
The lotProcurement structure
single lot · no lot value publishedProcedure terms & legal framework
From the official record · publisher note attached- 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
- Yes (GPA)
- Recurring procurement
- Unspecified in notice
- First published
- 8 Jun 2026, 16:33 BST
- Last source update
- 8 Jun 2026, 16:33 BST
- FTS notice number
2026/S 000-053960- Classification (CPV)
- Delivery area
- Official registry OCID
ocds-h6vhtk-06b02fFind 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
In terms of Midlothian Council’s affordable housing policy, it is noted that the Penicuik area is one of the Council’s locations with high demand. As a result the Council requires to secure land within the Penicuik area to assist with meeting that demand and policy ambition and to deliver its Affordable Housing Supply Programme. The area of land at Auchendinny Penicuik owned by BELLWAY HOMES LIMITED incorporated under the Companies Acts, (Registered Number 00670176), having its Registered Office at Woolsington House, Woolsington, Newcastle Upon Tyne, NE13 8BF (“the Sellers) fits with that policy ambition. The contract for the purchase of land is an excluded contract under Regulation 11(1) of the Public Contracts (Scotland) Regulations 2015 (2015 Regulations).
The Sellers have included as a condition of the sale of its land that the Council is required to enter into a construction contract with the Sellers for the construction of 75 social rented units on the land being acquired. Without acquiring the land, the Council could not meet its policy in respect of affordable housing in the Penicuik area and the scheme would not be capable of progressing.
As a result the Council progressed using the negotiated procedure without prior publication on the basis the works could only be provided by the Sellers on the basis that (i) for technical reasons competition is absent and (ii) the Sellers have exclusive rights in respect of the land and has taken steps within the missives to protect its exclusive rights. There is no reasonable alternative in the Penicuik area. The negotiated procedure without publication was carried out pursuant to Regulation 33 (1) (b) of the 2015 Regulations.
Through this negotiated procedure, the Council has ensured that value for money has been achieved.
The Council will not award the contract for the period of at least 10 days from the date of publication of this notice and will also issue a contract award notice.
Publisher note: NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=833923. (SC Ref:833923)
Commercial outcome & contract awards
Published awards, contracts and bid statistics, not a forecast| Awarded to | Value | Date | Status |
|---|---|---|---|
| Bellway Homes | £17,273,201 † | — | Awarded |
Contracts
Contract 053960-2026-1 · Bellway Homes
- Signed
- 3 Jun 2026
- Value
- £17,273,201
- Status
- active
Contracting authority & participating public bodies
Dispute resolution & review bodies
- Edinburgh Sheriff CourtReview body
Bidders & participating suppliers
1 commercial party on the notice- Bellway HomesAwarded supplier
Official documents & specifications
Official links; attachments are not copiedNo document links were published on the notice.