Find a TenderAwarded without competition
Published 21 Sept 2023, 09:17 BST

Official UK procurement notice

Royal Derby Hospital MSCP

Official notice

Authority: University Hospital of Derby and Burton NHS Foundation Trust (NHS & healthcare)

WorksAward procedure without prior publication of a call for competition
Awarded value£22,000,000published contract · exc. VAT
Awarded 20 Sept 2023no call for competition
Awarded to Noviniti Dev Co 10 Limited

What is being bought

Published requirement description

University 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 published
Lot #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

Delivery: East Midlands · Royal Derby Hospital, Uttoxeter road, Derby. DE22 3NE

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)
Car park building construction workCar park servicesConstruction work
Delivery area
East Midlands (UKF11)
Official registry OCID
ocds-h6vhtk-04027a Find 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
Awards 1
Awarded value £22,000,0001 contract exc. VAT
Contracts signed 1latest 20 Sept 2023
Awarded toValueDateStatus
Noviniti Dev Co 10 LimitedMSCP Development£22,000,000 †—Awarded

Contracts

Contracting authority & participating public bodies

University Hospital of Derby and Burton NHS Foundation Trust

Contracting authorityNHS & healthcareBody governed by public lawHealth Royal Derby Hospital, Derby, East Midlands, DE223NEContact name, email, phone

Dispute resolution & review bodies

  • High Court of England and WalesReview body London

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.