VEAT Notice GREENSQUAREACCORD LIMITED

CPV: Buying and selling of real estate

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

Services

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

16 Feb 2022, 09:15 GMT

Last source update

16 Feb 2022, 09:15 GMT

Authority reference

DN568746

FTS notice number

2022/S 000-004350

Classification (CPV)

Buying and selling of real estate

Delivery area

South West (UKK15)

Official registry OCID

ocds-h6vhtk-03179a Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

1. This Notice is in respect of the transfer of land (“the Transfer”) at Rudloe (“the Site”) by Wiltshire Council (“the Council”) to GreenSquareAccord Limited "GSA" . GSA is a registered provider of social housing. The Site was the subject of an independent third-party valuation on 12th January 2022.
2. The contractual terms in respect of the Transfer do not impose a duty on GSA to undertake works at the Site. GSA remains free to elect whether or not to undertake any works at the Site. As such, the Council has not committed itself to entering into a public works contract.
3. The contractual terms include various claw back provisions. The Council will receive substantial payments in the event that GSA elects to develop the Site and replaces proposed affordable housing units with market residential units or non-residential units in the course of obtaining planning permission or following development.
4. Before issuing this Notice, the Council obtained legal advice from specialist counsel concerning the operation of the Public Contracts Regulations 2015 (“PCR”) and the directives to which the PCR give effect. The Council was advised that it can lawfully enter into the Transfer with GS without a procurement exercise being undertaken under the PCR 2015, including because the contractual terms effecting the Transfer do not include a legally enforceable obligation to undertake relevant works and, as such, the arrangement is not a “public works contract” under the PCR. Privilege as to that legal advice is not hereby waived.
5. The Council believes that the Transfer is permitted without a new procurement procedure. This Notice is issued protectively accordingly.

• GreenSquareAccord Limited (27052R)Awarded supplier 178 Birmingham Road, West Bromwich,, South West, B70 6QG

No document links were published on the notice.