Phoenix House Development · UK public procurement notice

CPV: Construction work · Construction work for houses

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

7 Dec 2023, 16:05 GMT

Last source update

7 Dec 2023, 16:05 GMT

FTS notice number

2023/S 000-036129

Classification (CPV)

Construction workConstruction work for houses

Delivery area

North West (UKD)

Official registry OCID

ocds-h6vhtk-042287 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

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 has been approached by Cheshire West and Chester Borough Council (“the Council”), Cowest Services Limited (“Cowest”)and Equans regarding the freehold sale of land and buildings at Phoenix House Depot, Weaver Street, Winsford, Cheshire, a site currently within the Council’s ownership which it wishes to transfer for the development of 99 homes (“the Site”). The Council intends that the development of the Site will be carried out by Cowest, a joint venture company co-owned by the Council and Equans. Cowest has selected Equans as the contractor to carry out the development at the Site. The Council, Equans and Cowest approached the contracting authority as a registered provider of social housing, with the proposal that the contracting authority will take ownership of the Site and act as landlord in relation to the affordable homes once developed. The proposed structure of the transaction is as follows: 1.The Council agrees to transfer the Site to Cowest under its joint venture arrangement. 2.Cowest agrees to transfer the Site to Equans, (selected by Cowest as the contractor to carry out the works). 3. Equans agrees to transfer the Site to the contracting authority. A sale of land agreement will be entered into by all four parties. The sale of land agreement provides for the Council to transfer the Site to the contracting authority at the direction of Cowest and Equans. The transfer of the Site will therefore be directly from the Council to the contracting authority, in accordance with this direction. The value of the transfer is £1. This object of this element of the transaction is the transfer of land. It is a contractual condition in the sale of land agreement that Equans is appointed by the contracting authority to carry out the development works. The contracting authority therefore considers that the works can be supplied by only one economic operator, Equans, as it has exclusive rights in relation to the development and it is a condition of the sale that the contracting authority appoints Equans to carry out the works. The contracting authority further considers that the Council holds exclusive rights over the Site as the Site owner, which rights will pass to Cowest and Equans. This opportunity for the contracting authority to develop the Site exists solely as a result of those rights and the absence of competition is not a result of artificial narrowing down of the parameters of the procurement by the contracting authority. The contracting authority considers that no reasonable alternative or substitute exists as this opportunity was presented to it by the Council, Cowest and Equans and there is no reasonable alternative route to purchase the Site without it being a condition of sale for the contracting authority to appoint Equans to undertake any development works.

Publisher note: This VEAT notice demonstrates the intention to award a public works contract using the Negotiated Procedure without prior publication (Regulation 32 (2) (b) (iii)). This contract has not yet been entered into and a contract award notice will be published following award. To view this notice, please click here: <a href="https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=765938797" target="_blank">https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=765938797</a> GO Reference: GO-2023127-PRO-24711958

• Equans Regeneration LimitedAwarded supplier01738371 First Floor, Neon, Q10, Qurorum Business Park, Benton Lane, Newcastle Upon Tyne, North West, NE12 8BU

No document links were published on the notice.