Torus62 Ltd: Gibfield White Land Development

UK-St Helens: Construction work.

Section I: Contracting Authority

   I.1) Name, Addresses and Contact Point(s):
       Torus62 Limited
       Helene Central, 4 Corporation Street, St Helens, WA9 1LD, United Kingdom
       Tel. +44 7718707048, Email: procurementteam@torus.co.uk
       Contact: Procurement Manager
       Main Address: https://www.torus.co.uk
       NUTS Code: UKD

   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:
      Housing and community amenities

Section II: Object Of The Contract

   II.1) Scope of the procurement

      II.1.1) Title: Gibfield White Land Development            
      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: Intention to award a Public Works contract under Regulation 32(2) (b) (iii) of the Public Contract Regulations 2015 for the development of a single site at Gibfield White Land in Atherton, Manchester. The Negotiated Procedure without Prior Publication is being followed and is justified under Regulation 32 (2) (b) (iii). A voluntary ex ante transparency notice was published prior to award.

      II.1.6) Information about lots
         This contract is divided into lots: No
            
      II.1.7) Total value of the procurement (excluding VAT)
          Value: 22,617,074
                  
         Currency:GBP            

   II.2) Description

      II.2.2) Additional CPV code(s):
      Not Provided

      II.2.3) Place of performance
      Nuts code:
      UKD - NORTH WEST (ENGLAND)
   
      Main site or place of performance:
      NORTH WEST (ENGLAND)
             

      II.2.4) Description of the procurement: This Notice confirms the contracting authority's award of a works contract using the negotiated procedure without prior publication, in accordance with Regulation 32 of the Public Contracts Regulations 2015. The contracting authority has entered into a Development Agreement with Northstone Development Limited, Company No. 11501341 (“Northstone”). The Development Agreement provides for the development 113 units by Northstone, comprising a mix of Rent to Buy, Affordable Rent & Social Rent properties. The works will commence in January 2024 and are intended to be complete by June 2026. The contract value is £22,617,074 excluding VAT. The works can only be provided by a particular economic operator for the following reason: protection of exclusive rights under Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015. A detailed explanation for the use of the negotiated procedure without prior publication is at Annex D.

      II.2.5) Award criteria:
                  
      Price - Weighting: 10
            

      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: This Contract Award Notice confirms the award a public works contract using the Negotiated Procedure without prior publication (Regulation 32 (2) (b) (iii)). The detailed explanation for the use of the negotiated procedure without prior publication is set out in Annex D.


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
       Notice number in the OJEU: 2023/S 000-035862
      
   

   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: 21/12/2023

      V.2.2) Information about tenders
         Number of tenders received: 1
         Number of tenders received from SMEs: Not Provided          
         Number of tenders received from tenderers from other EU Member States: Not Provided          
         Number of tenders received from tenderers from non-EU Member States: Not Provided          
         Number of tenders received by electronic means: Not Provided

      V.2.3) Name and address of the contractor

      The contract has been awarded to a group of economic operators: No
         
         Contractor (No.1)
             Northstone Development Limited, 11501341
             Venus Building, 1 Old Park Lane, Manchester, M41 7HA, United Kingdom
             Tel. +44 1616298200
             NUTS Code: UKD
            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: 22,617,074
         Currency: GBP

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

   VI.3) Additional information: Extract from sale of land agreement: “Developer” means Northstone Development Limited (Company No. 11501341) registered at Venus Building, 1 Old Park Lane, Manchester M41 7HA “Development Contract” means the contract between the Buyer and the Developer under which the Developer will carry out the Proposed Development in the form annexed at Appendix 2 “Proposed Development” means a residential development of the Property as set out in the Planning Permission (as may be varied from time to time); 4.3 The Buyer enters into the Development Contract with the Developer, and acknowledges that it is a condition of the sale of the Property by the Seller to the Buyer that the Developer is appointed by the Buyer to carry out the Proposed Development.
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=829897806

   VI.4) Procedures for review

      VI.4.1) Review body
          High Court of England of Wales
          Royal Courts of Justice, The Strand, London, WC2A 2LL, 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: 22/12/2023




ANNEX D

   1. Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article 32 of Directive 2014/24/EU

      No tenders or no suitable tenders/requests to participate in response to: Not Provided

            
      
      The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights

      Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No

      Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

      New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No
      
      

      


   3. Explanation
          The works can only be provided by a particular economic operator for the following reason: protection of exclusive rights under Regulation 32 (2) (b) (iii) of the Public Contracts Regulations 2015. The contracting authority was approached by Peel L&P Environmental Holdings Limited, (“Peel”) regarding the freehold sale of the land at Gibfield, a site west of North Road, Atherton, Manchester, a site which was within Peel’s ownership and which it wished to transfer to the contracting authority for the development of 113 homes (“the Site”). Peel required the purchaser of the Site to appoint Northstone to carry out the development of the site. Peel and Northstone are part of the same group and have the same persons with significant control. Accordingly, it was a condition of the sale of land agreement between Peel and the contracting authority, that the development works at the Site would be undertaken by Northstone. An extract of the clause included in the sale of land agreement is at section VI.3 for transparency. Under Regulation 32(2)(b)(iii) of the Public Contract Regulations 2015, the contracting authority considered that the works could be supplied by only one economic operator, Northstone, as it held exclusive rights in relation to the development by virtue of its relationship with the land owner and as a condition of the sale of the Site that the contracting authority appointed Northstone to carry out the works. In accordance with Regulation 32(2)(b)(iii), the contracting authority considered that no reasonable alternative or substitute exists. There was no reasonable alternative to route to purchase the Site without it being a condition of sale for the contracting authority to appoint Northstone to undertake the development works. Peel held exclusive rights over the Site as the Site owner and therefore imposed conditions relating to the sale requiring the appointment of Northstone to carry out the development works at the Site. Peel was not willing to sell the Site to the contracting authority without this condition. The contracting authority considered that it would not be given the opportunity to purchase the Site without this condition of sale and the requirement to appoint Northstone as the developer to carry out the works. The contracting authority considered that there were no alternative viable sites for this development. The contracting authority further considered that the absence of competition in this case was not a result of artificial narrowing down of the parameters of the procurement by the contracting authority. This opportunity was presented to it by Peel and Northstone and the structure of the transaction and the design of the development at the Site was already determined by them at the time the opportunity was presented to the contracting authority.