Re-development of 8 Albert Embankment

CPV: Buildings of particular historical or architectural interest · Multi-dwelling buildings construction work · Site-development work · Urban development construction work

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

8 Aug 2022, 13:12 BST

Last source update

8 Aug 2022, 13:12 BST

Authority reference

PROC5719/15

FTS notice number

2022/S 000-021729

Classification (CPV)

Buildings of particular historical or architectural interestMulti-dwelling buildings construction workSite-development workUrban development construction work

Delivery area

London (UKI45)

Official registry OCID

ocds-h6vhtk-0359d1 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

This Notice is being published for the sake of transparency and voluntarily since the proposal to which it refers (see VI.3) is an intention to modify an existing contract in a way permitted under the relevant procurement rules and which therefore does not require a new procurement procedure or the prior publication of a contract notice. The Contract Notice sought the appointment of a development partner in order to achieve the best consideration reasonably obtainable from a disposal of the Authority’s interest in land at 8 Albert Embankment whilst re-providing Lambeth Fire Station and providing a new London Fire Brigade Museum. In conformity with that Notice, published on 15/09/2016, the Authority entered into a Development and Lease Agreement on 24/08/2016 (“the Contract”) for a phased mixed use development of its land at 8 Albert Embankment,

London SE1 7SP, the Workshop at Lambeth High Street and land on the west side of Newport Street (“The Development Site”) which included up to 264 residential units, a new fire station, museum (“the Authority’s Facilities Condition”) and a hotel of up to 200 bedrooms (“the Agreed Scheme”).

The Contract Award Notice dated 15/09/2016 confirmed that the successful tenderer was to pay the Authority a sum to be assessed through a price adjustment mechanism in the Contract following the grant of planning permission. The Contract provided that the “Purchase Price” for the Development Site to deliver the Agreed Scheme was £67,150,000.00, divided between “Front” and “Rear” Sites. The Contract also provided that: the Purchase Price was subject to adjustments in accordance with Schedules 13 and 15 of the Contract.

Schedule 15 contained a Land Adjustment Calculation based on the Agreed Scheme’s mixed development uses for the Front and Rear Sites referable to defined net internal sq ft areas and specified numbers of hotel bedrooms, reductions to either changed the Purchase Price downwards but subject to the Purchase Price not falling below a “Guaranteed Minimum Purchase Price” (“GMPP”) totaling £24,000,000 on the basis that the both Front and Rear Sites would proceed.

The Contract was conditional on the fulfillment of conditions including the obtaining of a “Satisfactory Planning Permission” and fulfilling the Authority’s Facilities Condition.

The Contract anticipated (but did not require) a single application for Planning Permission for the Agreed Scheme.

The proposal is to modify the Contract as it has proven impossible to secure a Satisfactory Planning Permission for the Agreed Scheme and obtain the best consideration reasonably obtainable as sought in the Contract Notice by pursuing the Agreed Scheme. That outcome has necessitated modifying the Contract in an insubstantial way and as set out in detail in section VI.3

Publisher note: See IV 1.1. The Proposed modifications to the Contract are: in order to meet the regulatory requirements of the relevant planning authority, an application for planning permission will be made to develop the Front Site and the land at Newport Street on a smaller scale which retains the features and objectives of the Agreed Scheme, fulfills the Authority’s Facilities Condition and the other conditions precedent; a separate planning application will be made for that part of the Rear Site known as the Workshop; the Purchase Price for the Development Site will be reduced to a minimum of the Guaranteed Minimum Purchase Price (GMPP) on the basis that both Front and Rear Sites proceed to development and, new provisions will be incorporated to revise the viability assessment and land values in the Development Site. Note for the purposes of sections II1.7 and V2.4 the total value of the contract is up to circa £67m if conditions precedent are fulfilled and planning permission for an agreed scheme was obtained but subject to a downward variation in accordance with a price adjustment mechanism not exceeding (subject to conditions) a GMPP of £24m.

• U AND I (8AE) LIMITEDAwarded supplier10167296 7A Howick Place, London, London, SE1 0LL

No document links were published on the notice.