Official UK procurement notice
Royal Derby Hospital MSCP
Authority: University Hospital of Derby and Burton NHS Foundation Trust (NHS & healthcare)
What is being bought
Published requirement descriptionUniversity Hospitals of Derby and Burton NHS Foundation /trust ("UHDB") intends to enter into an option agreement and lease with Noviniti Dev Co 10 Ltd ("Noviniti") in respect of a new multi-storey car park development at Royal Derby Hospital, Derby ("the Hospital"). UHDB has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015.
CPV: Car park building construction work · Car park services · Construction work
The lotProcurement structure
single lot · no lot value publishedLot #1UHDB intends to enter into an option agreement and Ground Lease with Noviniti in…
UHDB intends to enter into an option agreement and Ground Lease with Noviniti in respect of a new multi-storey car park development at the Hospital. UHDB has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015
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
- 21 Sept 2023, 09:17 BST
- Last source update
- 21 Sept 2023, 09:17 BST
- FTS notice number
2023/S 000-027840- Classification (CPV)
- Delivery area
- Official registry OCID
ocds-h6vhtk-04027aFind a Tender
- Why no open competition
- The procurement falls outside the scope of application of the directive
- Published justification
The subject of this notice is an agreement to be entered into between UHDB and Noviniti for the grant of an option entitling Noviniti to call for the grant of a 45 years Ground Lease of part of UHDB's freehold land at the Hospital.
The area which will be subject to the option is defined within the option agreement and the option period will run for an initial period of 39 weeks (subject to extension).
UHDB has had valuation advice and will grant the Ground Lease at a premium which reflects market value
If Noviniti exercises the option and calls for the grant of the Ground Lease that Ground Lease will be for a period
of up to 45 years. The Ground Lease is subject to break clauses in favour of UHDB after 2 years and again at an agreed date reflecting the 40th anniversary of practical completion of the Potential Development (as defined below) by Noviniti.
The Ground Lease anticipates that Noviniti may choose (but with no obligation to do so) to undertake a Permitted Alteration (in accordance with a Licence for Alterations that may be entered into) of a multi-storey car park building at the Hospital (the "Potential Development").
The detail of the Potential Development will have been agreed between UHDB and Noviniti prior to the grant of the option agreement. UHDB has a right to terminate the Ground Lease if Noviniti has not commenced the works comprising the Potential Development by the second anniversary of the date of the Ground Lease. Provided it has not begun development, Noviniti has the right to terminate the Ground Lease up to the date
UHDB will have obligations to use reasonable endeavours to assist Noviniti in dealing with matters relating to the planning permission for the Potential Development including entering into third party agreements necessary to facilitate the Potential Development.
The exercise of the option by Noviniti to call for the Ground Lease does not trigger any obligation on Noviniti to undertake or on UHDB to procure the Potential Development. If Noviniti decides to undertake the Potential Development, (and if UHDB subsequently so decides) Noviniti and UHDB may enter into an agreement for lease providing for the grant by Noviniti of an underlease of the completed development to a third party operator and a reversionary lease to UHDB. If that agreement is reached UHDB anticipates that UHDB, Noviniti and the third party operator will enter into further documents including an agreement for lease, a licence for alterations and underleases of the completed development.
Commercial outcome & contract awards
Published awards, contracts and bid statistics, not a forecast| Awarded to | Value | Date | Status |
|---|---|---|---|
| Noviniti Dev Co 10 LimitedMSCP Development | £22,000,000 † | — | Awarded |
Contracts
MSCP Development · Noviniti Dev Co 10 Limited
- Signed
- 20 Sept 2023
- Value
- £22,000,000
- Status
- active
Contracting authority & participating public bodies
Dispute resolution & review bodies
- High Court of England and WalesReview body
Bidders & participating suppliers
1 commercial party on the notice- Noviniti Dev Co 10 LtdAwarded supplier
Official documents & specifications
Official links; attachments are not copiedNo document links were published on the notice.