Tulse Hill Joint Venture Development Project

{
  "id": "026755-2021",
  "tag": [
    "award",
    "contract"
  ],
  "date": "2021-10-26T11:39:01+01:00",
  "ocid": "ocds-h6vhtk-02eff0",
  "buyer": {
    "id": "GB-FTS-32771",
    "name": "Metropolitan Housing Trust Limited and Metropolitan Living Limited"
  },
  "awards": [
    {
      "id": "026755-2021-1-1",
      "title": "Tulse Hill Joint Venture Development Project - LLP Agreement",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-32772",
          "name": "Mount Anvil Avenue Park Road Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    },
    {
      "id": "026755-2021-2-2",
      "title": "Tulse Hill Joint Venture Development Project - Site Transfer Agreement",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-32773",
          "name": "The LLP"
        }
      ],
      "relatedLots": [
        "1"
      ]
    },
    {
      "id": "026755-2021-3-3",
      "title": "Tulse Hill Joint Venture Development Project - Construction Contract",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-32774",
          "name": "Mount Anvil Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    },
    {
      "id": "026755-2021-4-4",
      "title": "Tulse Hill Joint Venture Development Project - Development Management Agreement",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-32775",
          "name": "Mount Anvil (Development Management) Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    },
    {
      "id": "026755-2021-5-5",
      "title": "Tulse Hill Joint Venture Development Project - Affordable Housing Development Agreement",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-32773",
          "name": "The LLP"
        }
      ],
      "relatedLots": [
        "1"
      ],
      "subcontracting": {
        "description": "The affordable housing works to be carried out pursuant to the Affordable Housing Development Agreement will \nbe sub-contracted to Mount Anvil Limited under the Construction Contract."
      },
      "hasSubcontracting": true
    }
  ],
  "tender": {
    "id": "ocds-h6vhtk-02eff0",
    "lots": [
      {
        "id": "1",
        "hasOptions": false,
        "description": "The Project is the carrying out of a mixed tenure housing development on the Site on the North West side of \nAvenue Park Road through a joint venture arrangement. Subject to detailed design / planning, it is anticipated \nthat the development will comprise the construction of 110 new homes (tenure mix to be confirmed), 494 sqm commercial space floor space, and required infrastructure works.\nThe joint venture contractual arrangements between the parties will be structured as follows:\n(i) Metropolitan Living Limited (MLL) (an entity within the same group as Metropolitan Housing Trust (MHT) and \nMount Anvil Avenue Park Road Limited will form a joint venture entity (the \"LLP\") on a 50/50 basis pursuant to the \nterms of an LLP Agreement;\n(ii) MHT will transfer a long leasehold interest in the Site to the LLP;\n(iii) The LLP will award a Construction Contract to Mount Anvil Limited for the carrying out of the construction \nworks on the Site. The construction works will consist of the construction of the affordable and private sale units, \nthe commercial floorspace and required infrastructure works\n(iv) The LLP will enter into a Development Management Agreement (DMA) with Mount Anvil (Development \nManagement) Limited. Under the DMA Mount Anvil (Development Management) Limited will be providing pre-\nconstruction services, technical advice and project management of the detailed construction design, preparation \nof the business plan and project programme and all required reporting requirements to the LLP. It will also \nbe providing administrative, corporate and financial services to the LLP including all required taxation, audit, \naccounting and payment requirements.\n(v) The LLP will sell the private units that are constructed on the Site on the open market; and\n(vi) MHT will enter into an Affordable Housing Development Agreement with the LLP for the delivery of the \naffordable housing units that are constructed on the Site. The affordable units will be retained by MHT following \ncompletion.\nIt is anticipated that the LLP will be formed in the second half of 2021. In this Notice this entity shall be referred \nto as The LLP."
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryLocation": {
          "description": "Land and buildings on the North West side of Avenue Park Road, Tulse Hill, London"
        },
        "deliveryAddresses": [
          {
            "region": "UKI"
          }
        ]
      }
    ],
    "title": "Tulse Hill Joint Venture Development Project",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "description": "The Project is the carrying out of a mixed tenure housing development on the Site on the North West side of \nAvenue Park Road through a joint venture arrangement. Subject to detailed design / planning, it is anticipated \nthat the development will comprise the construction of 110 new homes (tenure mix to be confirmed), 494 sqm commercial space floor space, and required infrastructure works.",
    "reviewDetails": "In accordance with Part 3 of the Public Contracts Regulations 2015",
    "classification": {
      "id": "45000000",
      "scheme": "CPV",
      "description": "Construction work"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "works",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "The Contracting Authorities consider that the contractual arrangements referred to in section II.2.4 of this Notice \nfall outside the scope of the Public Contracts Regulations 2015 (PCR) for the \nfollowing reasons:\n1. The LLP Agreement is an agreement for the establishment, governance and operation of the LLP. It is not a \nworks, services or supply contract for the purposes of the PCR, hence it falls outside of their scope.\n2. The Site Transfer Agreement is an agreement for the disposal of an interest in land, and so is excluded from \nthe scope of the PCR by virtue of Regulation 10(1)(a) of the PCR. It will not place the LLP under a positive and \nenforceable obligation to develop the Site to a specification prescribed by MHT.\n3. The Construction Contract and DMA to be awarded by the LLP fall outside the scope of the PCR because the \nLLP will not meet the definition of a \"body governed by public law\" in Regulation 2(1) of the PCR nor, therefore, \nwill it be classified as a \"contracting authority\" for the purposes of the PCR. This is due to the fact that the LLP \nwill have a commercial character on account of it being a \"for profit\" entity with general commercial objects \nwhich exists for the predominant purpose of maximising profits from the development activities it undertakes.\n4. The Affordable Housing Development Agreement is to be awarded by MHT to the LLP pursuant to Regulation \n32(2)(b)(iii) of the PCR. Due to an exclusive right which the LLP will have at the point of award of the Agreement \n(being its ownership of the Site) MHT will only be able to appoint the LLP to deliver the affordable units for it. It \nwill not be in position to procure the delivery of the affordable housing units from any other party.",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "The procurement falls outside the scope of application of the directive"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-32771",
      "name": "Metropolitan Housing Trust Limited and Metropolitan Living Limited",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "postalCode": "N14 6PW",
        "countryName": "United Kingdom",
        "streetAddress": "100 High Street, London N14 6PW"
      },
      "details": {
        "url": "http://www.mtvh.co.uk",
        "classifications": [
          {
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE",
            "description": "Body governed by public law"
          },
          {
            "id": "06",
            "scheme": "COFOG",
            "description": "Housing and community amenities"
          }
        ]
      },
      "identifier": {
        "legalName": "Metropolitan Housing Trust Limited and Metropolitan Living Limited"
      },
      "contactPoint": {
        "name": "Emma",
        "email": "Emma.Erbillur@mtvh.co.uk"
      }
    },
    {
      "id": "GB-FTS-32772",
      "name": "Mount Anvil Avenue Park Road Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "countryName": "United Kingdom"
      },
      "details": {
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Mount Anvil Avenue Park Road Limited"
      }
    },
    {
      "id": "GB-FTS-32773",
      "name": "The LLP",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "countryName": "United Kingdom"
      },
      "details": {
        "scale": "sme"
      },
      "identifier": {
        "legalName": "The LLP"
      }
    },
    {
      "id": "GB-FTS-32774",
      "name": "Mount Anvil Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "countryName": "United Kingdom"
      },
      "details": {
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Mount Anvil Limited"
      }
    },
    {
      "id": "GB-FTS-32775",
      "name": "Mount Anvil (Development Management) Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "countryName": "United Kingdom"
      },
      "details": {
        "scale": "sme"
      },
      "identifier": {
        "legalName": "Mount Anvil (Development Management) Limited"
      }
    },
    {
      "id": "GB-FTS-525",
      "name": "High Court",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "London",
        "countryName": "United Kingdom"
      },
      "identifier": {
        "legalName": "High Court"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "026755-2021-1-1",
      "title": "Tulse Hill Joint Venture Development Project - LLP Agreement",
      "value": {
        "amount": 1,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "026755-2021-1-1",
      "dateSigned": "2021-10-26T00:00:00+01:00"
    },
    {
      "id": "026755-2021-2-2",
      "title": "Tulse Hill Joint Venture Development Project - Site Transfer Agreement",
      "value": {
        "amount": 1,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "026755-2021-2-2",
      "dateSigned": "2021-10-26T00:00:00+01:00"
    },
    {
      "id": "026755-2021-3-3",
      "title": "Tulse Hill Joint Venture Development Project - Construction Contract",
      "value": {
        "amount": 26290000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "026755-2021-3-3",
      "dateSigned": "2021-10-26T00:00:00+01:00"
    },
    {
      "id": "026755-2021-4-4",
      "title": "Tulse Hill Joint Venture Development Project - Development Management Agreement",
      "value": {
        "amount": 920000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "026755-2021-4-4",
      "dateSigned": "2021-10-26T00:00:00+01:00"
    },
    {
      "id": "026755-2021-5-5",
      "title": "Tulse Hill Joint Venture Development Project - Affordable Housing Development Agreement",
      "value": {
        "amount": 11130000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "026755-2021-5-5",
      "dateSigned": "2021-10-26T00:00:00+01:00"
    }
  ],
  "description": "It is intended that the contractual arrangements referred to in this notice following a minimum 10 day calendar \nday standstill period starting on the day after this notice is published in the UK Find a Tender Service. The Public Contracts Regulations 2015 (SI 2015 No 102) (as amended) (the Regulations) provide for \naggrieved parties who have been harmed or who are at risk of harm by a breach of the Regulations to bring proceedings in the High Court. Any such proceedings must be brought within the limitation period specified by the Regulations according to the remedy sought.",
  "initiationType": "tender"
}