Archived Users: East Wick and Sweetwater – Modifications to Development Agreement

UK-London: Construction work.

Section I: Contracting Authority

   I.1) Name, Addresses and Contact Point(s):
       London Legacy Development Corporation
       5 Endeavour Square, Westfield Avenue, London, E20 1JN, United Kingdom
       Tel. +44 2032881800, Email: procurement@londonlegacy.co.uk
       Contact: Brian Walsh
       Main Address: www.queenelizabetholympicpark.co.uk
       NUTS Code: UKI

   I.2) Joint procurement:
      The contract involves joint procurement: No          
      In the case of joint procurement involving different countries, state applicable national procurement law: Not Provided
      The contract is awarded by a central purchasing body: No

   I.4)Type of the contracting authority:
      Body governed by public law

   I.5) Main activity:
      Other activity: Development and regeneration

Section II: Object Of The Contract

   II.1) Scope of the procurement

      II.1.1) Title: East Wick and Sweetwater – Modifications to Development Agreement            
      Reference number: Not Provided

      II.1.2) Main CPV code:
         45000000 - Construction work.


      II.1.3) Type of contract: WORKS

      II.1.4) Short description: Modifications to a Development Agreement for the development of the site known as East Wick and Sweetwater in the Queen Elizabeth Olympic Park.

      II.1.6) Information about lots
         This contract is divided into lots: No
            
      II.1.7) Total value of the procurement (excluding VAT)
          Value: 800,000,000
                  
         Currency:GBP            

   II.2) Description

      II.2.2) Additional CPV code(s):
            45211000 - Construction work for multi-dwelling buildings and individual houses.


      II.2.3) Place of performance
      Nuts code:
      UKI - LONDON
   
      Main site or place of performance:
      LONDON
             

      II.2.4) Description of the procurement: London Legacy Development Corporation (LLDC) entered into a Development Agreement (DA) with East Wick and Sweetwater Projects (Holdings) Limited on 27 February 2015 for the development of the site known as East Wick and Sweetwater in the Queen Elizabeth Olympic Park, Stratford, London. The DA was varied by a supplemental agreement and deed of variation dated 14 July 2016, a deed of variation dated 26 July 2016, a deed of variation dated 15 December 2017 and a deed of variation dated 21 December 2018. The parties have entered into a further deed of variation and ancillary documents to amend the DA to incorporate various modifications including the following: (i) Reduction in share of returns payable to LLDC; (ii) A private unit by private unit overage provision for further payments to LLDC above the fixed returns for sales of private units; (iii) Simplifications to the arrangements governing LLDC’s share of Private Rental Sector revenues whereby 16% of the Private Rental Sector units in Phases 2-7 are owned outright by LLDC; (iv) Modifications to termination payments to cover costs incurred; (v) Introduction of tighter development milestones requiring specified delivery by the Contractor in respect of each of the phases; (vi) “Golden Brick” arrangements in respect of blocks containing 100% affordable housing units or 100% private rented units; and (vii) the removal of Phase 6 from the DA.
LLDC considers that the modifications have been brought about by circumstances which a diligent contracting authority could not have foreseen, they do not change the overall nature of the contract and the price has not increased by more than 50% of the value of the original contract. The modifications have been brought about as a result, inter alia, of adverse market conditions which have been caused in part and exacerbated by the COVID-19 pandemic. LLDC therefore considers that Regulation 72(1)(c) of the Public Contracts Regulations 2015 applies.
Furthermore, LLDC considers that the modifications are not “substantial” for the purposes of Regulations 72(1)(e) and (8). The modifications do not render the contract materially different in character from either the original DA or the immediately preceding version. Whilst some of the modifications when considered alone are in the Contractor’s favour, LLDC has sought to counterbalance this with modifications in its own favour, so that the effect on the overall economic balance is neutral. LLDC therefore considers that Regulation 72(1)(e) also applies. As a result, LLDC considers that the modifications may be made without a new procurement procedure.

      II.2.5) Award criteria:
                  
      Cost criterion - Name: N/A / Weighting: 0
            

      II.2.11) Information about options
         Options: No
         

      II.2.13) Information about European Union funds
         The procurement is related to a project and/or programme financed by European Union funds: No
         

      II.2.14) Additional information: Not Provided


Section IV: Procedure

IV.1) Description

   IV.1.1)Type of procedure: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below (please complete Annex D1)


   IV.1.3) Information about a framework agreement or a dynamic purchasing system
      The procurement involves the establishment of a framework agreement: No       
      

   IV.1.6) Information about electronic auction
      An electronic auction has been used: No

   IV.1.8) Information about the Government Procurement Agreement (GPA)
      The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

   IV.2.1) Previous publication concerning this procedure
       Not Provided
   

   IV.2.9) Information about termination of call for competition in the form of a prior information notice
      The contracting authority will not award any further contracts based on the above prior information notice: No

Section V: Award of contract

Award Of Contract (No.1)

   Contract No: Not Provided    
   Lot Number: Not Provided    
   Title: Not Provided

   A contract/lot is awarded: Yes


   V.2) Award of contract

      V.2.1) Date of conclusion of the contract: 07/10/2022

      V.2.2) Information about tenders
         Number of tenders received: 1
         Number of tenders received from SMEs: 0 (SME - as defined in Commission Recommendation 2003/361/EC)          
         Number of tenders received from tenderers from other EU Member States: 0          
         Number of tenders received from tenderers from non-EU Member States: 0          
         Number of tenders received by electronic means: 0

      V.2.3) Name and address of the contractor

      The contract has been awarded to a group of economic operators: No
         
         Contractor (No.1)
             Eastwick and Sweetwater Projects (Holdings) Limited, 09459001
             350 Euston Road,, Regents Place,, London,, NW1 3AX, United Kingdom
             NUTS Code: UKI
            The contractor is an SME: No

      V.2.4) Information on value of the contract/lot (excluding VAT)
         Initial estimated total value of the contract/lot: Not Provided          
         Total value of the contract/lot: 800,000,000
         Currency: GBP

      V.2.5) Information about subcontracting
         The contract is likely to be subcontracted: No
         
Section VI: Complementary information

   VI.3) Additional information: To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=719849409

   VI.4) Procedures for review

      VI.4.1) Review body
          London Legacy Development Corporation
          5 Endeavour Square, Westfield Avenue, London, E20 1JN, United Kingdom

      VI.4.3) Review procedure
         Precise information on deadline(s) for review procedures: Not Provided

      VI.4.4) Service from which information about the review procedure may be obtained
         Not Provided

   VI.5) Date of dispatch of this notice: 10/10/2022




ANNEX D

   2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

         The procurement falls outside the scope of application of the directive: Yes

   3. Explanation
          See explanation at Section II.2.4.