Project Texas · UK public procurement notice

CPV: Buying and selling of real estate · Development of non-residential real estate · Real estate 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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

21 Jan 2025, 19:05 GMT

Last source update

21 Jan 2025, 19:05 GMT

Authority reference

LU00958

FTS notice number

2025/S 000-002093

Classification (CPV)

Buying and selling of real estateDevelopment of non-residential real estateReal estate services

Delivery area

East Midlands (UKF2)

Official registry OCID

ocds-h6vhtk-04d52f Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The transaction outlined will result in infrastructure works being constructed on land owned by the University. However, the University considers that the transaction does not, for that reason, constitute a public works contracts within the scope of the regulations. First, it is assumed for the purposes of publication of this Notice that the University is a contracting authority which is bound to comply with the regulations. However, the University reserves its position on that issue. Second, the main subject matter of the transaction from the point of view of the University is the disposal of a parcel of its land at the Science and Enterprise Park by way of the agreement for lease with Stoford and, ultimately, the long lease by the University to the lessee. Stoford, the lessee and (under separate arrangements) the sub-lessee have their own objectives including the construction, leasing and occupation of the new facility along with the infrastructure works which are necessary to facilitate occupation of and access to the facility. The University’s objective is the disposal of its land, as it will not be party to the subsequent development and leasing of the facility. The disposal of the University’s land will result in the provision of certain infrastructure works on the University’s retained land, the value of which will be reflected in the premium paid by the lessee for its lease of the site. These works are ancillary and/or incidental to the primary objective of disposing of the parcel of land upon the terms of the long lease and necessary to facilitate occupation of and access to the new facility and would not take place in the absence of the disposal of the University’s land. On that basis, the transaction is not a public works contract because of the application of regulation 4(2) of the regulations. For the avoidance of doubt, the construction works which are to be carried out on the University’s retained land are not objectively separable from the construction works which are to be carried out on the site, as they are to adjoin and connect with the site and will be performed by the same building contractor under a single contract. Third, the University will have no right to procure the construction of the facility and can exercise no control over the form or specifications of the development of the site other than prescribing that the uses of the new facility are aligned to those that will be imposed through the planning permission process. The building contract for the construction of the facility, between Stoford and a contractor to be chosen through a competitive tendering procedure could not be a public works contract for that reason also. Fourth, even if the infrastructure works on the University’s retained land were separable from the other aspects of development of the facility, their value is significantly less than the £5,372,609 threshold for public works contracts and so such works would not be subject to the application of the regulations in any event.

Publisher note: To view this notice, please click here: https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=918855561 GO Reference: GO-2025121-PRO-29186048

• Stoford Loughborough LimitedAwarded supplier16166913 26-28 Ludgate Hill, Birmingham, West Midlands

No document links were published on the notice.