Tulse Hill Joint Venture Development Project

CPV: 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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

26 Oct 2021, 11:39 BST

Last source update

26 Oct 2021, 11:39 BST

FTS notice number

2021/S 000-026755

Classification (CPV)

Construction work

Delivery area

London (UKI)

Official registry OCID

ocds-h6vhtk-02eff0 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Contracting Authorities consider that the contractual arrangements referred to in section II.2.4 of this Notice

fall outside the scope of the Public Contracts Regulations 2015 (PCR) for the

following reasons:

1. The LLP Agreement is an agreement for the establishment, governance and operation of the LLP. It is not a

works, services or supply contract for the purposes of the PCR, hence it falls outside of their scope.

2. The Site Transfer Agreement is an agreement for the disposal of an interest in land, and so is excluded from

the scope of the PCR by virtue of Regulation 10(1)(a) of the PCR. It will not place the LLP under a positive and

enforceable obligation to develop the Site to a specification prescribed by MHT.

3. The Construction Contract and DMA to be awarded by the LLP fall outside the scope of the PCR because the

LLP will not meet the definition of a "body governed by public law" in Regulation 2(1) of the PCR nor, therefore,

will it be classified as a "contracting authority" for the purposes of the PCR. This is due to the fact that the LLP

will have a commercial character on account of it being a "for profit" entity with general commercial objects

which exists for the predominant purpose of maximising profits from the development activities it undertakes.

4. The Affordable Housing Development Agreement is to be awarded by MHT to the LLP pursuant to Regulation

32(2)(b)(iii) of the PCR. Due to an exclusive right which the LLP will have at the point of award of the Agreement

(being its ownership of the Site) MHT will only be able to appoint the LLP to deliver the affordable units for it. It

will not be in position to procure the delivery of the affordable housing units from any other party.

Publisher note: It is intended that the contractual arrangements referred to in this notice following a minimum 10 day calendar day 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 aggrieved 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.

• Mount Anvil (Development Management) LimitedAwarded supplier London, London
• Mount Anvil Avenue Park Road LimitedAwarded supplier London, London
• Mount Anvil LimitedAwarded supplier London, London
• The LLPAwarded supplier London, London

No document links were published on the notice.