Official UK procurement notice
Option to Purchase Agreement of Land at Courtlands
Authority: MARSHGATE LTD
What is being bought
Published requirement descriptionMarshgate is placing a voluntary ex-ante transparency notice to advertise its intention to enter into an option to purchase agreement concerning land at Courtlands, Todds Green, Stevenage, Hertfordshire, SG1 2JE ('the Property') with further details set out below.
CPV: Construction work for houses · Land purchase services
The lotProcurement structure
single lot · no lot value publishedLot #1The proposed transaction provides for Marshgate to enter into an option to purchase…
The proposed transaction provides for Marshgate to enter into an option to purchase agreement with EHP Land Development Ltd (EHP) of land at the Property.
The Property has the benefit of planning permission for 17 dwellings with associated infrastructure.
EHP has entered into an agreement for works for the construction of the dwellings and associated infrastructure with SJM & Co Ltd (SJM) (Agreement for Works).
The option to purchase is conditional upon Marshgate entering into a novation agreement with EHP and SJM for Marshgate to be a party to the Agreement for Works in place of EHP. The Agreement for Works specifies that SJM shall construct the dwellings and associated infrastructure as per the planning permission. Additional information: This voluntary ex ante transparency notice is being published to enable the observance of a voluntary standstill period of 10 days. The standstill period will end at midnight on 7th April 2022.
Procedure terms & legal framework
From the official record- 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
- 28 Mar 2022, 15:58 BST
- Last source update
- 28 Mar 2022, 15:58 BST
- FTS notice number
2022/S 000-008319- Classification (CPV)
- Delivery area
- Official registry OCID
ocds-h6vhtk-032719Find a Tender
- Why no open competition
- The procurement falls outside the scope of application of the directive
- Published justification
This is a voluntary ex ante transparency notice pursuant to regs 99 - 100 of the Public Contract Regulations 2015.
Marshgate consider that the proposed transaction is not a public contract and is not caught by the Public Contracts Regulations because:
Marshgate have had no influence on the design of the works,
The construction of the works will simply be implementing a planning permission that has already been granted and one that Marshgate had no involvement in developing,
EHP have already entered into a legally binding contract for the construction of the works, and
The option to purchase is conditional on Marshgate entering into the novation of the Agreement for Works.
As such, the proposed transaction falls outside the scope of and does not need to comply with Part 2 of the Public Contracts Regulations 2015 (and therefore Directive 2014/24/EU) and may be awarded without prior publication of a Contract Notice in the Official Journal of the European Union.
Commercial outcome & contract awards
Published awards, contracts and bid statistics, not a forecast| Awarded to | Value | Date | Status |
|---|---|---|---|
| EHP Land Development LtdSME | £5,400,000 † | — | Awarded |
Contracts
Contract 008319-2022-1 · EHP Land Development LtdSME
- Signed
- 28 Mar 2022
- Value
- £5,400,000
- Status
- active
Contracting authority & participating public bodies
Dispute resolution & review bodies
- High CourtReview body
Bidders & participating suppliers
1 commercial party on the notice- EHP Land Development LtdAwarded supplier
Official documents & specifications
Official links; attachments are not copiedNo document links were published on the notice.