Multi Storey Car Park Development

CPV: Car park building construction work · Construction work

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0023 Concession Contracts Regulations 2016 (Directive 2014/23/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

24 Dec 2024, 12:23 GMT

Last source update

14 Mar 2025, 13:38 GMT

FTS notice number

2025/S 000-009445

Classification (CPV)

Car park building construction workConstruction work

Delivery area

North West (UKD36)

Official registry OCID

ocds-h6vhtk-04ccea Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

WWL and Noviniti entered into an Option Agreement on 18 September 2024 leading to the grant of the GL. That agreement was the subject of a VEAT Notice dated 8 July 2024. As part of that arrangement, WWL entered into cost underwrite agreements with Noviniti. <br/><br/>WWL proposes to enter into the S2AFL, the LfA and the DoC. The S2AFL does not oblige Noviniti to carry out the MSCPD but if it does not, WWL has the right to break the GL if Noviniti does not commence works by an agreed deadline. <br/><br/>If Noviniti completes the MSCPD it may require CPP to accept the Operator Lease and for WWL to accept a Reversionary Lease of the MSCPD for a term of 25 years commencing on the date of expiry of the Operator Lease. <br/><br/>WWL will be obliged to accept a direct lease from Noviniti if CPP defaults before completion of the MSCPD and will be obliged to accept an Overriding Lease to become direct tenant of Noviniti if CPP defaults during the term of the Operator Lease. <br/><br/>The GL will include break rights in favour of WWL to break the GL:- (i) without penalty if the MSCPD is not completed on or before the 5th anniversary of the GL, and (ii) on (or after) the date of expiry of the Operator Lease (upon payment by WWL of a compensation sum to its tenant under the GL).<br/><br/>WWL and CPP will enter into the DoC on the date of grant of the Operator Lease. WWL considers that if the arrangement with CPP is a services concession, it is incidental to the main purpose of the arrangement and would be below the value threshold in the CCR2016. <br/><br/>Noviniti is under no obligation to undertake the MSCPD. No public works contract arises due to the lack of an enforceable obligation. <br/><br/>Noviniti and WWL may enter into a "Works Agreement" for Noviniti to manage the execution of additional WWL construction works on adjacent WWL land with WWL making a payment to Noviniti of up to £450k towards the cost of those works. As with the MSCPD under the S2AFL the Works Agreement will not oblige Noviniti to undertake those works but the works will not be separable from the MSCPD works.<br/><br/>WWL considers that the arrangements fall within the land exemption under Regulation 10(1)(a) of the PCR2015 and/or 10(11)(a) of the CCR2016. In addition, following the grant of the GL, Noviniti has the exclusive right to undertake the MSCPD. As a result, Noviniti is the only developer that WWL is able to contract with by virtue of Noviniti’s exclusive rights as provided for by Regulation 32 of the PCR2015.

• Noviniti Dev Co 13 LimitedAwarded supplier14261857 Unit 2 The Stables, Newby Hall Ripon, Harrogte, UK, HG4 5AEContact emailShow contact details
• Noviniti Dev Co 13 LtdAwarded supplier14261857 Unit 2 The Stables, Newby Hall Ripon, Harrogte, UK, HG4 5AEContact emailShow contact details

No document links were published on the notice.